Divorce & children: what does the law say about joint custody today?

The law (4800/2021 – Government Gazette 81/A/21-5-2021) provides that after a non-consensual divorce, both parents have joint custody of their child(ren), meaning they ‘automatically’ make decisions together on matters concerning them.

This means that both parents participate equally in the children’s lives and upbringing, and it also establishes that the children should spend at least one-third of their time with the parent with whom they do not live in the same household.

It completely changed the long-standing practice in Greece—lasting for decades—where custody of the child(ren) was typically granted to the mother after an official separation.

It has also led to the filing of many modification requests in divorces from previous years, the vast majority of which had granted custody rights to the mother.

In Greek law, custody is part of parental responsibility.

Parental responsibility: It is both the right and the obligation of parents, referring to the care of the child, the management of their property, and their legal representation.

Custody: It is the ‘exercise’ of that responsibility and determines day-to-day matters such as upbringing, education, and place of residence, as well as more significant issues like health matters or the choice of religion.

If the parents obtain a consensual divorce, matters of parental responsibility are determined by the parents themselves, including:*

• custody of the children
• their place of residence
• the parent with whom they will live
• their contact with the other parent
• their financial support (child maintenance)

These are set out in a written divorce agreement, which is submitted by the couple to a notary or electronically.

*In 2024, out of 15,532 divorces (regardless of whether children were involved), 82.4% were consensual (ELSTAT – Hellenic Statistical Authority)

In a non-consensual divorce, according to the 2021 law, parents continue to exercise parental responsibility ‘jointly and equally’.*

This is commonly described as ‘mandatory joint custody’ and applies when no other agreement has been made.

However, the possibility for a court to establish joint custody already existed before 2021, but it was not automatic.

*‘Equally’ refers to equal participation in parental responsibility, not necessarily an equal division of time.

If both parents disagree with joint custody and want a common alternative, they can arrange it out of court, through an agreement in a formal document.

Alternatively:

• They may resort to mediation (cases of domestic violence are excluded).*
• They may take the matter to court if mediation fails.

*Mediation is an out-of-court process in which the parents, with the help of a certified mediator (e.g. a psychologist or lawyer), attempt to resolve their disputes.

The court may maintain joint custody, while regulating the child’s residence (either with one parent only, or alternately with both parents).

It may also ‘divide’ it:

• Functionally, meaning specific responsibilities are assigned to each parent: for example, one provides housing, while the other decides on educational matters.
• Temporally, meaning the child lives with one parent for a certain period and with the other for another period. While the child is with one parent, that parent exercises sole custody during that time.

Often, the child spends, for example, one week with one parent and one week with the other.

Some child psychologists consider this destabilizing, while legal professionals argue that it requires nearby residences (for school/activities) and a good level of cooperation, despite the high-conflict divorce.

Additionally, in certain cases, the court may assign custody to one parent (or even to a third person), especially when the following are established:

• inability to cooperate
• lack of interest
• failure to comply or breach of agreement
• exercise of parental responsibility contrary to the child’s best interests

The other parent retains the right of contact (one-third of the child’s time).

In addition, a joint decision is required for matters considered important, namely: the child’s name, religion, health (except for emergencies and routine issues), and educational matters that affect the child’s future.

If they disagree again on any of these, the issues are referred back to the court, which has led to an increase in conflicts.

A number of academics and feminist NGOs warn that the 2021 law may leave children who are victims of domestic violence by their father exposed to the abuser.

This is because mothers are required to prove the violence in court in order for parental responsibility to be removed, and this is often particularly difficult.

Physical violence is rarely reported or recorded at the time it occurs, while psychological violence is even harder to prove.

In courts, one parent (usually the father) often claims that they are being subjected to ‘parental alienation’ when the other parent (usually the mother) presents evidence, for example of domestic violence, arguing that this is done to alienate them from the child.

If there are allegations coming from the child itself, it may be argued that the mother is manipulating the child or ‘implanting’ false memories.

FYI: Since 2023, the United Nations has called for the prohibition of invoking ‘parental alienation’ in custody cases.

With the new regulation of January 2026, if a parent disagrees with the first-instance court decision regarding custody/contact, they may request from the Court of First Instance a temporary suspension or modification of that decision until the Court of Appeal rules.

Legal professionals report that it was passed as an urgent measure, without public consultation, and question whether it is appropriate for a Court of First Instance to ‘review’ a decision of another instead of the Court of Appeal.

Nevertheless, feminist organizations welcome the substance of the change.

ΦΕΚ Α 81/2021

The Manifold Files

Καθημερινή

ΕΡΤnews

“High-Conflict Parental Separation: What Type of Custody for the Child?” (2025), Ropi Publications