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June 2021- Judgment No. 43/2021- Kyparissia Court of First Instance (Temporary Measures)

By temporary measures decision No 43/2021, the Kyparissia Court of First Instance imposed a fine of EUR 200 for each violation of the right of the applicant father to communicate with his minor child born out of wedlock by the defendant mother. The court arrived at this order after having presumed the estrangement between the minor daughter and the father, which was gradually caused by the mother’s conduct. In particular, the Court accepted that “[…] after the long refusal of the defendant to consent to the voluntary recognition by him of their child, he brought his action of … for the recognition of the said child, on which the Court’s decision No…., already irrevocable, was made […[] under which the minor … was recognized as the applicant’s natural child. In particular, it was presumed that despite the petitioner’s repeated attempts already since the birth of their child to make a voluntary notarized recognition of the child of the parties, the respondent, although she never contested the paternity of the child, was constantly causing obstacles, with the result that the respondent initially appealed to the Kyparissia District Attorney, who summoned the respondent to appear before her on … and made recommendations to her to consent to the voluntary recognition of her child, but to no avail. Subsequently, the applicant sent her an extrajudicial statement dated … inviting her to appear before the Notary on a specific date in order to give her consent. However, the defendant did not appear once again, with the result that the Notary’s deed No … was drawn up, confirming her non-appearance. As a result, as stated above, the defendant brought an action dated … and bearing the filing number … the defendant brought an action for judicial recognition of paternity before the Court of First Instance, and until the decision on the recognition of paternity had become irrevocable, the defendant refused to allow him to communicate with the minor daughter of the parties, who was already in her fourth year of age at the time, with the result that there was a gradual estrangement between the defendant and his daughter […]‘.

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