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To protect as many children as possible tries the Ministry of Justice when each of the two parents decides to go his own way. It is an attempt to reduce, as far as possible, the mental tension of minors when they are inside the extent of their parents’ divorce.
At the same time, the minister Judge Konstantinos Tsiaras tries in the cases Divorce to provoke a relationship in the relationship of divorced parents for the care of their children and their other daily problems, in order to avoid stagnation and conflicts that harm them. First, the drafting committee, chaired by the former Supreme Court prosecutor and chaired by Family Law Society of Ioannis Tente, delivered to the Minister of Justice his proposal to modify the provisions of Family Law relating to shared custody of children in case of dissolution of marital coexistence, so that parents can agree together on custody, etc.
However, the representatives first agreed on three key points of the parties during the two meetings initiated by Mr. Tsiaras to improve and accept the proposal of the competent drafting committee, which Family law, by the custody of children in divorce cases.
Should not it is forgotten that after the 1974 coup, Professor Alexandros Magkakis, during his four-year tenure at the Ministry of Justice (1982-1986), made revolutionary cuts – at that time – in the entire range of Family Law, which is still considered innovative today. Since then until today there have been changes in Family Law due to the change in social data and the way of coexistence. In this context, the current modifications are added to some of its articles. Chapter 11 of the Civil Code, relating to relationships between parents and children (articles 1505-1541). According to the proposals, joint and equal parental care of children by divorced parents is introduced, which restores equality between parents and children. This establishes the possibility of having them together role and reason in making decisions about the lives of their children, like naming, choosing school, etc.
“Parental alienation”
At the same time, the concept of “parental alienation” is introduced for the first time, but – according to lawyers – in practice it is a vague and flexible concept. In the spirit of the committee, the courts, taking advantage of this term, should take into account in its relevant decision the relationship between parents and children, the ability and intention of each parent to respect the rights of the other, the individual behavior of each parent in the previous period towards the other, but also prevention alienation of the child from the parent who does not reside with him.
Another innovation is the introduction of the presumption of communication time of the father who does not live with his son, who cannot be younger from 1/3 of the total communication time. This regulation aims to have a wide communication of children with parents and not to overload minors psychosomatically. Attempts continue to use the institution of mediation in family law conflicts, without ruling out the introduction of the institution of the “family mediator”., something that is considered to act as a firefighter in the normalization of parental relationships in the matter of raising and educating children.
Finally, it is possible to reform or revoke written agreements and court decisions on matters regulated by the committee’s proposal, within two years, if they become state law.
Therefore, whose parents cases already tried by the courts can reconcile the family their relationships with the new data and eliminate consolidated negative situations that have been formed with the current legal framework.
However, two meetings have already been held in the Ministry of Justice with the Heads of Justice of the parties, with the sole improvement and mutual acceptance of the proposal of the committee.
During meetings These were the common ground of three points. about the proposals.
First, it was accepted the term “parental alienation”Second, there was consensus on parity between the two parents to make joint decisions for their children. And thirdly, to give the green light to the communication time of the father who does not live with his son, which cannot be less than 1/3 of the total communication time with the child.
However, immediately the committee’s proposal in the form of a bill it will be published in a public consultation and then presented to Parliament.
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