"A blanket presumption of 50-50 child custody ignores the dangerous reality for domestic abuse victims – overwhelmingly women – and their children.” - Hillary Margolis, Human Rights Watch
(Athens) – A bill to amend child custody provisions in Greece’s civil code disregards risks for domestic violence victims that would put women and children in jeopardy, Human Rights Watch said today.
The bill, "Reforms regarding parent-child relations and other family law issues,” was adopted on May 20, 2021 and redefine the “best interests of the child” in Greek law and presume equal shared custody of children in cases of separation or divorce. Any exceptions, including in cases of domestic violence, would require a potentially lengthy court process. These changes contravene international law, which requires that custody determinations be based on assessment of the best interests of the individual child, and do not ensure sufficient protections for domestic abuse victims and their children.
“Equal co-parenting is a laudable goal, but a blanket presumption of 50-50 child custody ignores the dangerous reality for domestic abuse victims – overwhelmingly women – and their children,” said Hillary Margolis, senior women’s rights researcher at Human Rights Watch. “The Greek parliament should put the safety of children and abuse victims first and reject these alarming changes.”
"The bill violates the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (the Istanbul Convention), ratified by Greece in 2018, which requires governments to consider any incidence of violence against women or domestic violence in determining child custody and visitation and to ensure that arrangements do not put mother or child at risk."