The first comprehensive interpretative approach to the new regulations regarding child custody, emphasizing substantial solutions and critical case law.
This work presents all the issues related to the relationships between parents and children following the parents' separation and attempts to provide an interpretative approach to the new regulations on child custody following the reform brought about by law 4800/2021. The interpretative effort has been largely based on international experience on the subject.
The international legal aspects of the issue and the existence of a "common core" of rules among European legal systems regarding the matters under consideration were particularly taken into account, as the proposed interpretative solutions to the posed issues draw heavily from the rich foreign case law on provisions from other European legislations (German, French, and English) that now contain provisions similar to those of Greek law following the recent reform.
The goal of the work is to avoid dogmatism and emphasize solutions to specific problems, which are provided by the law practitioner with reference to each specific child. The interest of the child, moreover, is assessed in each case in concreto.
What makes this study even more useful for the reader is the inclusion in footnotes of representative excerpts from case law, both Greek and foreign, capable of offering immediate solutions to lawyers, as well as to judges.
This work also seeks to highlight, in an inductive and applied manner, the basic principles that govern child custody, which can serve as guiding principles for the implementation of the new legislative framework.
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