By means of Decision No. 1064/18, the Athens Court of First Instance accepted the application of a father for the temporary award of custody of his minor children.

The Court took into account the fact that, if the children were to change their residence to live with their mother, they would necessarily have to live with their stepfather, which could disturb their psyche.

At the same time, the Court took into account the financial means of the father and the time he can devote to the children, concluding that, despite the fact that the mother did not neglect her duties towards her children, the exercise of custody must be temporarily entrusted to their applicant father.

IN MORE DETAIL ACCORDING TO THE UNILATERAL COURT OF FIRST INSTANCE OF ATHENS NUMBER 1064/2018

The admissible and admissible applications shall be brought before this Court and shall be heard together. The applicant pleads the urgency of the case and requests, as a precautionary measure, that he be granted temporary custody of the minor children he has acquired with the defendant. The defendant requests that she be awarded custody of the minor children and that she also be awarded provisional maintenance in cash for the benefit of the minor children, each of whom is unable to support themselves. The applications are duly lodged for hearing before this Court in the proceedings for interim measures (Articles 7 et seq. of the CCP) and are lawful. They are based on the provisions of articles 1485, 1486, 1489, 1496, 1498, 1510, 1511, 1512, 1513 and 1518 CC, 728, 729, 735 and 950 par. 1 CCP.

Furthermore, the mother, who is a teacher in public education, is personally and systematically involved in the upbringing, supervision and education of her minor children, whom she surrounds with love and affection and is extremely interested in their moral, physical and spiritual development. She diligently monitors their progress in school and shows the maternal affection that minors need. Particularly in the particularly difficult period following the break-up of the parties’ marital partnership, it was their support and safe haven.

They must therefore be examined, in substance. From an assessment of the sworn statements of the witnesses examined at the hearing and the documents produced by the parties, the following facts are presumed: the parties have two children by marriage. Initially the cohabitation was smooth, but during the course of it, however, various incidents occurred, so they decided to dissolve it. They therefore drew up a private agreement whereby it was agreed that the minors in question would live with the defendant.

The children go to school every day at 16:00, and she, as an IT teacher, leaves at the very last minute from the school unit, where she has been posted for the last few years to ……. earlier, always picking up her children from school in person. The creation of an affair with another man, a divorced father of a daughter of about eight (8) years of age, does not prevent her from exercising her duties towards her minor children. Unlike the minor John, who is attached to his father and has developed a special psychological bond between them, her minor daughter, because of the positive influence of her mother, seems to be closer to her mother, with whom she lives. besides, she herself, during the judge’s personal communication with her, stated that she feels good with both parents, they may or may not move, she has a good time with her mother, they dance, their cousins come, and she would like to stay with both of them, half the time with one and half the time with the other, alternately, one month with one and one with the other, with her brother they quarrel, play, get back together, while the minor son, in personal communication with him, stated, despite any positive influence on him by his above-mentioned sister in relation to their mother, that he wishes to live with the defendant – his father – because with his mother moving further away he will change schools, where he knows no one, while his father’s is closer to the school, where he has many friends, that he wants to be with him, in whose house his children were born and raised and where there are separate rooms for each child and they are fully furnished.

Thus, if minors live with their mother, they will have to live with their stepfather, which may disturb the minor’s psyche …….. and may, by its very nature, result in subsequent adverse manifestations. The applicant is financially sound, works for a large company and is able to devote sufficient time to his children, unlike in the past because business travel has been reduced.

Furthermore, the change of residence of minors, the necessity of living in the mother’s house with their stepfather and their step-sister and older sister, i.e. persons who are alien to the environment in which they have been living up to now, will put a strain and psychological burden on the minor …….. In view of the foregoing, and having regard to the true interests of the minor children of the parties, the Court finds that, notwithstanding the fact that the respondent has not neglected her duties towards them, the exercise of custody of the minors must be temporarily entrusted to their father, the applicant father, even though, in the light of the foregoing, it has been held that it is probable that he will be entrusted with the care of the minors, there has been no change in the circumstances in which the applicant’s mother was exclusively entrusted with the custody of the minor …….., in view of the abovementioned change in circumstances resulting from the abovementioned agreement under which custody of the minor …….. was entrusted in the same.

Following this, the request of ……. should be accepted. and reject the application in this case of … and that the costs of the proceedings be shared between the parties (Article 178 of the CCP).

Source of decision dsanet.gr