svg
Post Image

August-September 2023; 25.08.2023 and 13.09.2023 Temporary Orders of the Athens Court of First Instance; designation of the father’s residence in Greece as the child’s place of residence and permission for the child to enroll in a school in Greece despite the mother’s refusal; regulation of the mother’s right to communicate with the child, rejection of the request to relocate with her to London and to set individual maintenance for her

By the Temporary Orders of 25.08.2023 and 13.09.2023 of the Athens Court of First Instance, the court temporarily settled the situation created after the return of the child to Greece, which the mother had retained without the father’s permission in London after the end of their summer holidays abroad. Although the child returned in time with the procedure for the return of a child to Greece under the 1980 Hague Convention on the Civil Aspects of International Child Abduction, and completed his school year in Greece, his mother, who remained in England, refused to consent to her enrolment for the new school year and stated that the child should return with her to England, applying to the court for permission to relocate with her and for a total of 3. 845 euros as maintenance per month. The Court, having regard to the child’s best interests and the need to ensure stability in the child’s life, rejected the mother’s application for relocation and maintenance, designated the residence of her father, my client, in Greece as her place of residence, gave him permission to enrolls her unilaterally at the school previously chosen by the parties and ordered that the mother’s communication with the child should take place within Greece in order to prevent the child from being unlawfully retained again.

svgTrans Parenthood: A parent's need to be present in their child's life and the misconceived criterion of "stability" as a pretext for exclusion
svg
svgThe judgment of 14 December 2021 of the Court of Justice of the European Union in case C 490/20, (V.М.А. v Stolichna obshtina, rayon "Pancharevo") in dialogue with the decision 9/2016 of the of the Greek Supreme Court: the criteria for cross-border recognition of personal status and the treatment of "impaired" legal relations in the case of same-sex families