A situation where one parent moves the child from the country in which he or she normally habitates to another country or retains the child in that country and refuses to return with the child to the country of habitual residence without the consent of the other parent, who has the right to co-decide on the child's place of residence, shall be dealt with by the provisions of the 1980 Hague Convention on the Civil Aspects of International Child Abduction, as in force in conjunction with the provisions of Regulation 2019/1111, if the child is moved between EU Member States. These provisions regulate the procedure for the return of the child to his or her country of habitual residence prior to the unlawful removal or retention and essentially provide for the expeditious return of the child by the courts of the state where the child is unlawfully present, irrespectively of the judgment on custody, i.e. who is fit to exercise custody, or the judgment on the place where the child's best interests require him or her to live.

The issue at stake is the restoration of the status quo prior to the illegal removal/retention and the resolution of the parents' disputes by the courts of the child's State of habitual residence, which have jurisdiction in this regard. Non-return of the child may be ordered for various reasons, in particular when the return of the child poses a risk to the child and the child's best interests that cannot be effectively addressed.

Our law office has handled both cases of return of the child to the child's country of habitual residence from Greece, where the child was moved illegally, and cases of return of the child to our country from the foreign country to which the child was moved or was illegally retained.


You can read about this:

• June 2020- Judgment of the Syros Court of First Instance on the Return of an Abducted Child
• February 2023 - No. FD22P0652 Child Return Order of the Family Division of the High Court of England and Wales - Return of the child to his mother in Greece from England under the 1980 Hague Convention on the Civil Aspects of International Child Abduction after a year of "hostage-taking" by his father in England
• Case Study no: FD22P0652 Return Order of the High Court of Justice Family Division- Return of the child to his mother from England to Greece pursuant to the 1980 Hague Convention on the Civil Aspects of International Child Abduction after one year of “hostage” by his father in England
• April 2023- as of 03 and 06.04.2023 order of the High Court (Family Division) of England- Return of a child from England to Greece following the unlawful retention of his mother there

We cooperate with foreign lawyers specialized in international child abduction cases and we can assist both the parent in the return of his/her child to Greece and take over the return of the child from Greece. W can also undertake the judicial proceedings for the award of custody and the determination of the child's place of residence, which opens up after the return trial.

As an example, you can see the following case:

• 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

If the parent who has custody wishes to change the child's place of residence in a way that substantially affects the other parent's right of communication, e.g. due to a move to another city or abroad, either the latter's consent or a court decision is required, which allows this relocation while regulating the right of communication of the parent who "stays behind" with the child, in accordance with Article 1519 of the Civil Code.

In this case, the court must weigh up whether the child's interests are best served if the child follows the parent to the new place of residence or, on the contrary, if the child remains in the same place of residence. In making this assessment, the court will take into account a number of criteria, among which the ability of the child to adapt to the new environment to which the parent wishes to relocate is of particular importance (in particular, in the case of relocation abroad, the child's knowledge of the foreign language, his or her links with the local community, etc. will be taken into account), as well as whether the parent has designed and can implement a realistic relocation plan.
(indicatively: securing accommodation, a job, a school setting for the child). Also important is any proposal by the parent who wishes to relocate on how the child's communication with the other parent will take place, e.g. by arranging the right to longer communication periods during school holidays or covering part of the child's transport costs, etc.

If the change in the child's place of residence is contrary to the child's best interests or takes place for abusive reasons, e.g. to exclude the other parent from the child's daily life, the parent who would have stayed behind can still request the reform of any existing court order or parental agreement, and ask for the child to live with him or her. Also, any change in the child's place of residence unilaterally by the custodial parent, without the consent of the other or a relevant court order, is ground for removing custody and awarding to the other parent. The same applies in the case of relocation abroad, while it is also argued that the parent who has the right to communicate with the child (even if he or she does not have custody) may request the return of the child to Greece in accordance with the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

Our law office has represented both parents who seek to relocate with their child abroad and parents who request that their child remain with them in Greece and not relocate abroad with the other parent.

You can read about related cases our office has handled below:

• September 2022 - Decision No. 6075/2022 of the Athens Court of First Instance (Temporary Measures)
• 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

For a case of relocation within Greece, but which affects the children's relationship with the other parent, see below:

• July 2022 – As of 25.07.2022 Temporary Order of the Athens Court of First Instance - Prohibition of relocation of the children with their mother - designation of the former matrimonial residence as the place of residence of the two children and award of joint custody to the parents - rejection of the request for maintenance

After separation or divorce, the issue of the regulation of the relationship between parents and their children arises. Whether it is a dispute about the school they will attend, the definition of their place of residence, who will have custody or how joint custody will be exercised, or the regulation of the communication of the parent who does not live with them and the definition of the maintenance obligation of each parent, it is necessary to consult a lawyer in good time: both immediate consensual resolution of disagreements and early recourse either to a mediator or to the court helps to de-escalate tensions between the parties and establish a schedule that serves the children's transition to their new living conditions.

Our law office has undertaken in-court and out-of-court representation of parents who find themselves in the difficult circumstances of their lives in which a third party (the court) is called upon to decide the relationship with their children: each case is unique and the best interests of the child are determined based on the specific circumstances of the child's life. By way of example I have dealt with cases such as:

• Case Study: 25/2023 Judgment of the Kavala Court of First Instance (Family Disputes): awarding exclusive custody of the three minor children to the father and dissolution of the marriage due to the exercise of domestic violence by the mother against the children
• June 2021- Judgment No. 43/2021- Kyparissia Court of First Instance (Temporary Measures)
• September 2022 – Αs of 13.09.2022 Temporary Order of the Athens Court of First Instance - Reform of a temporary measures court decision, which designated the child's school in a remote area from the mother's residence, upon the father's request and granting permission to the mother to enroll the child in a school near her home; Rejection of the father's request to revoke the order
• November 2022 - Decision No 7225/2022 of the Athens Court of First Instance (Temporary Measures Procedure) - Regulation of communication between a father and a child born out of wedlock residing abroad
• February 2023 - Judgment No. 845/2023 of the Athens Court of First Instance - No deviation from the rule of joint exercise of custody of the minor children of the parties, regulation of the father's communication with them and his obligation to contribute to their maintenance

Our law office has handled cases of victims and alleged offenders of domestic violence, both in the civil part of these cases, e.g. a lawsuit for the dissolution of marriage due to domestic violence, a request for the relocation of the abusive parent from the marital/family home, a request for the victim not to be approached by the parent-perpetrator, as well as in criminal trials.

We have represented both parents who sought to protect their own children from the abusive parent, as well as parents who were falsely accused of domestic violence.

You can read indicatively below:

• Case Study: 25/2023 Judgment of the Kavala Court of First Instance (Family Disputes): awarding exclusive custody of the three minor children to the father and dissolution of the marriage due to the exercise of domestic violence by the mother against the children
• February 2023 - Judgment No. 845/2023 of the Athens Court of First Instance - No deviation from the rule of joint exercise of custody of the minor children of the parties, regulation of the father's communication with them and his obligation to contribute to their maintenance
• March 2023 - Decision No. 882/2023 of the Athens Three-Members Misdimeanours Court - Acquittal of the accused for domestic violence and threat

Elias Yiannatsis is a volunteer member of the legal team of NELFA (Network of European LGBTIQ* Families Associations), which played a decisive role in the passing of the bill on marriage equality in Greece, and legal advisor to the non-profit organization “Proud Parents.”

In addition to his voluntary work, he has undertaken the legal representation of Greeks, residents of foreign countries, who have created families with their same-sex partners abroad and were not recognized by the Greek State. I have recently succeeded in having a decision of the Athens Court of Appeal annulled by the Greek Supreme Court, which provided that the recognition of a court decision of a South African court, which designated a pair of same-sex men as parents of a child born to a surrogate mother, is contrary to Greek public policy.

You can read about it here:

• October 2023 - Judgment of the Supreme Court No. 1099/2023 - Reversal of a decision of the Athens Court of Appeal, which rejected the recognition of a South African court's decision designating a male couple as parents of a child born to a surrogate mother as contrary to Greek public policy

Our law office also provides legal services to Greek LGBTI people who are in the process of creating a family either through adoption or through Medically Assisted Reproduction methods in Greece or abroad.

After separation, divorce or the dissolution of registered partnership, the issue of regulation of the property relationships between the former spouses/partners arises: the use of the family home, the division of assets, maintenance of the financially weaker spouse and participation in the property acquired during the marriage are some of the issues that may arise and make it necessary to seek the timely assistance of a legal adviser.

In the case of international couples, it may be important to seek legal advice already at the start of the marriage/registered partnership, as it should be clear to the couple which law will apply to the division of their property in the event of separation, as well as which courts will have jurisdiction to resolve any dispute.