Giannis K. is today the father of a six-year-old child. In 2018, he divorced his wife by consensus, as there were several disagreements and quarrels in the marriage. The couple signed a private agreement which stipulated that there will be joint custody of the child, ie they will co-decide on all important issues concerning it.
Everything went smoothly for 3 months. During this time, however, his ex-wife Giannis entered into a new love affair and after formalizing her relationship, she sued and received, as usual according to Greek jurisprudence, the exclusive child custody, hence the right to determine his place of residence.
She moved with the child and her new partner to another city, despite the objections of John who thought that as a father he should continue to see his child. He exhausted all legal remedies and re-established communication with his child. Nevertheless, his ex-wife refuses to implement the decision and does not allow any communication between Giannis and his child.
He appealed to the Court but the trial of the case is multi-year. He has never been accused, let alone convicted, of being an incompetent father. However, for the past two years the child has been deprived of his presence. All he has left are the memories and photos of the first years of his child's life ζωής
This is one of the many cases of fathers in our country who have similar experiences and now they have decided to unite. For a few weeks now they have been setting up the non-profit organization "Active Dads for the Rights of the Child», Through which they claim the institutionalization of compulsory co-supervision in Greece as well.
"Greece today, unlike what happens in the rest of the world, does not apply European law and in case of divorce the custody is given exclusively to one of the two parents, most often to the mother. "We support the need to establish joint custody, the equal amount of time a child will spend with each parent and his / her alternate residence," said the representative of "Active Dads" and educator George Kolyvas, adding that in the country In 98% of us, custody is given to the mother, with the result that the child loses contact with the other parent, something that has an unpleasant development for the rest of his life.
According to the current Greek legislation, the members of the organization support, in case of divorce, the custody of the child, ie the care in terms of upbringing, supervision, education, as well as the determination of his place of residence is attributed according to exclusivity to one parent, more commonly to the mother, despite the fact that custody is part of the broader concept of parental responsibility, which is exercised jointly by the parents (AK 1510).
Studies have shown that parents who share custody report less stress and anxiety in their lives than parents who have sole custody, as upbringing, and what that entails, splits in two resulting in better quality parent-child relationships. Parental quality of life is an important factor in the quality of parent-child relationships. Ideally, the interests of both parents in relation to the children should be served. The separation of parent and child has an irreversible effect on their relationship.
Joint custody means that both parents participate in the upbringing of their children, having equal rights, duties and responsibilities. In this way children have the opportunity to harmoniously develop their psychosomatic skills.
Greece refuses to comply with the rules of European law, insisting on the system of exclusive custody of children in case of divorce. Since 2015, the Council of Europe has voted on gender equality and children's rights, equal parental responsibilities towards children and the alternating residence of children. Contrary to what is happening in our country, in most Member States, such as France, Belgium, Denmark, Sweden and Norway, significant developments have been observed in this direction.
Member States are called upon to respect the right of fathers to joint custody and to ensure that the family law Divorce provides for the joint exercise of child custody in the event of a divorce, because joint custody helps to overcome gender stereotypes about family roles and this reflects the sociological changes that have taken place over the last half century in the organization of family.
Member States are also required to eliminate from their legislation any differences between parents who have recognized their child, whether they are married or not, and to introduce into their legislation the principle of alternating residence of children after divorce. Greece has subscribed to this European resolution, accepting all the proposed directives mentioned in it, since 2015. Nevertheless, it has not yet proceeded to implement it in the legal framework of national family law.
The current framework of family law in Greece is anachronistic and does not meet the real social needs and the protection of children's rights. This is proven by the research findings of the University of the Aegean, where in a sample of 1349 people (of which 71% women, 30,5% married, 14% divorced) 73% believe that the father is just as capable as the mother in the upbringing / custody of children, while 86% believe that the state should enact laws on co-custody. These results prove that the acceptance of co-editing by the Greek public opinion is at levels corresponding to countries where it is already valid.
Stricter penalties for non-compliance with court decisions or private agreements, no change in the institutional framework, would not tend to solve the problem of parental alienation. In fact, such an arrangement would not be a change of rules but a maintenance of the same framework. The alienating parent is not discouraged by the threat of punishment, because he seeks through the manipulation of the children the alienation of the other parent, a behavior which is reinforced by the current institutional framework.
Sunday, June 21 was "Father's Day" and in this context the "Active Dads" sent a letter to the Prime Minister Kyriako Mitsotaki and the Minister of Justice Costa Tsiara, in which they told him, among other things: "June 21 is a special day for us. It means a lot, some of which are said and described and others that can not be said, but are strongly expressed in the realm of emotions. It is a symbol and a reference point of a fight, which unfortunately is not widely known. In our struggle there are no rivalries, our "statute charter" does not divide into enemies or friends. He is constantly striving for things that for others are self-evident and non-negotiable. It is a battle with unique defeated innocent souls of children. "Our only purpose and pursuit, the dominant thought is the protection of our children, of future parents."
And they continue: "Greek courts, contrary to what happens in most European countries and the United States of America, are unable to issue decisions in the true interest of the child, de facto excluding one parent, as the communication time - more common father - with his children is limited to a few days a month, far from ideal for their normal development isomerism of time. In fact, the current legal framework for the regulation of custody is just a weapon in the hands of the estranged parent. For these reasons, today is the day of Active Dads, who from a position refuse to compromise with the unfavorable rules of custody in Greece. The beginning and direction is the smooth development of our children, which we consciously brought to life and we strive for their smooth development.
[…] The physical and emotional alienation of a parent leaves the child exposed to risks of very serious psychological problems. […] We are thousands of estranged parents, there are more and more innocent souls of children who are in real danger of psycho-emotional problems, which in turn will be passed on to the next generations. In Greece, it is necessary to finally change the anachronistic framework of custody, which no longer corresponds to any absolutely social reality. We are sure that you will listen to our voice, you will bend over the problem of the children and you will follow the example set by the rest of the world ".