Athens Court of First Instance – Interim  measures – Communication between a parent abroad and a child in Greece for 10 consecutive days each month and half of the school holidays.

Athens Court of First Instance – Interim Measures – Awarding sole custody of a child to the mother and awarding maintenance based on the income that the opposing party can derive from the exploitation of his real estate property.

By its decision, the Athens Court of First Instance accepted the request of my client, a resident abroad, and arranged for him to have contact with his minor child, who is temporarily residing in Greece, for 10 consecutive days each month and half of the school holidays. This position reflects the established position of case law that if the parent who does not live with the child resides in another place, communication should take place in a way that serves both the parent’s ability to travel and the need to maintain the bond between them and the child. At the same time, this arrangement is in line with the 1/3 presumption that the law sets for parent-child communication.

At the same time, in another case, the same court temporarily awarded sole custody of a minor child to my client and the child’s mother, while also temporarily awarding her child support on his behalf.

The significance of this decision lies in the fact that it was ruled that the opposing party, the father, should exploit his real estate property, which he had left unused, and that the amount he could earn from it had to be taken into account in calculating his financial capacity to contribute to the child’s maintenance. Similarly, it was ruled that the salary of a domestic helper for childcare, amounting to €800 per month, was a reasonable maintenance allowance, given the mother’s particular professional obligations.