How is the “best interest” of a child determined in a divorce? How do recent legislative changes apply to family law? What individual moments do divorced parents have in the joint upbringing of a child? Sociologists and lawyers were asked to answer these and many other questions in the 6th International Conference on Co-Parentingwho organized it International Council for Shared Parentingunder the auspices of the Municipality of Athens, the Ombudsman, the Greek Psychological Society and the Association of Greek Sociologists, a few days ago in Athens.

A “new start” elsewhere is what many people crave after a divorce, but once they have kids, things get more complicated. “Prior to 2020, children automatically followed a custodial parent to a new location, which tended to disrupt communication with the other parent.” Dr. Giorgos Ladoyannis notes in “K”., Professor at the Law School of Athens. “However, the new law provides that a child cannot be moved unless there has previously been an appropriate agreement between the two parents or a court decision.” Judges face serious dilemmas because it is very difficult to judge in advance whether a movement will have a positive or negative impact on a child’s development. “These cases are not very common,” confirms Dr. Ladoyannis. “The picture is clear when a parent is in a state of absolute unemployment and poverty and goes to vocational rehabilitation, so the new state will bring an improvement in the quality of life for him and his child,” he says. “Accordingly, a change of scenery is in the interest of the child when, in the existing school environment, for example, he encounters serious problems or develops the same delinquent behavior.” In these cases, the “new beginning” is not only limited, but also imposed. “However, when a child’s existing daily life meets some good criteria and the move involves a gradual estrangement from the other parent, the decision is subject to further discussion,” he emphasizes. “Extraordinary change – even if it involves improving living conditions, for example, in a more prosperous European country – does not necessarily have a positive effect on all children, and especially on adolescents.” According to him, it is right “for the judge to find out whether the parent in the decision in question puts himself above himself or whether the interests of the child are also connected.” In court, after all, a child is also interrogated from the age of 8-10.

Psychometric test

The systems psychotherapist proposes to introduce a psychometric test that will assess the suitability of both parents to fulfill the parental role. Eugenia Papadopoulou. “A generally accepted psychometric test that would be approved by the Ministry of Health and consistent with modern scientific developments could most contribute to the final decision of the court, provided that both parties would do so,” he suggests. The test will focus on the study of personal qualities. “A structured one-on-one interview about parental fitness would be just as helpful,” she adds. ink”. “It is best that issues be resolved out of court.”

“Children should be visible,” notes a professor at the Athens School of Law. Dr. Patrina Paparrigopoulouwho specializes in social welfare. “Of the 40 manifestations of rights that the Convention on the Rights of the Child includes, at all times the emphasis was only on the protection of the family, and not on children as such as autonomous entities.” An experienced lawyer is convinced that better protection of children’s rights can ensure, among other things, a more unhindered use of co-education. In low-income couples, the regulation and enforcement of alimony payments is extremely difficult.

In our country, all existing benefits are now combined into one, which is issued by the Organization of Social Benefits and Social Solidarity (OPECA) “with a complex but fair calculation methodology.” “The law rightly provides that while divorce and custody are pending, support is collected jointly, as for a child, and then must be deducted from support costs, which is beneficial to both parties.” However, support, especially for economically weaker families, is so meager that in the end the goal of the legislator is not achieved. “25% of GDP is directed to social protection, but the lion’s share still goes to pensions. Couldn’t there be another redistribution of GDP to provide something better for children? Dr. Paparrigopoulou wonders.

Benefits

“If we want children to live with dignity, they must have their own income,” he emphasizes. Dr. Paparrigopoulou, of course, does not ignore the fact that giving money comes with risks, given the minor age of the recipient. “Countries with developed social security provide benefits in kind, as well as services such as kindergartens and camps, which contribute greatly both to the psychosocial development of the child and to support the daily life of the family, regardless of whether the parents are together or separately.”