The Athens Court of Appeal has issued a landmark ruling on how joint custody is exercised following parental separation, redefining the terms of child custody and the time a minor spends living with each of the two parents.
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The court awarded joint custody of the minor to both parents, while also establishing specific exceptions for matters deemed to require the exclusive decision-making authority of one parent. All other significant decisions concerning the child require mutual agreement.
The most notable and distinctive aspect of this ruling, however, concerns the issue of alternating residence. According to the Court of Appeal, the joint and equal exercise of parental responsibility does not necessarily mean that the child must spend exactly the same amount of time with each parent. The division of time must be shaped with the child’s best interests and stable daily routine as the primary guiding factors.
Within this framework, the court established a specific schedule for communication and residence with the second parent (the father), which includes weekdays, alternating weekends, and a dedicated schedule for school holidays, public holidays, and summer vacations. In total, the arrangement provides for twelve overnight stays per month. The ruling also includes a mediation process to be followed in the event of parental disagreement over matters relating to the joint exercise of parental responsibility, prior to any recourse to the courts, subject to the applicable exceptions.
The Athens Court of Appeal also upheld the existing child support arrangement, taking into account the needs of the child and the financial capacity of both parents. In practice, the ruling establishes a model of joint parental responsibility without equating the concept of joint custody with a mandatory requirement for the child to spend strictly equal time living with each parent.
