Greece - Single Judge Court of First Instance of Athens, Decision no. 16244/2019, 21 December 2019
Country of Decision:
Country of Applicant:
Date of Decision:
31-12-2019
Citation:
Single Judge Court of First Instance of Athens, Decision no. 16244/2019, 21 December 2019
Court Name:
Single Judge Court of First Instance of Athens
Keywords:
Relevant Legislative Provisions:
International Law > 1951 Refugee Convention > Art 12
International Law > 1951 Refugee Convention > Art 12.1
International Law > 1951 Refugee Convention > Art 12.2
International Law > 1951 Refugee Convention > Art 16
International Law > 1951 Refugee Convention > Art 16.1
International Law > 1951 Refugee Convention > Art 16.2
International Law > 1951 Refugee Convention > Art 16.3
International Law > 1951 Refugee Convention > Art 12.1
International Law > 1951 Refugee Convention > Art 12.2
International Law > 1951 Refugee Convention > Art 16
International Law > 1951 Refugee Convention > Art 16.1
International Law > 1951 Refugee Convention > Art 16.2
International Law > 1951 Refugee Convention > Art 16.3
National / Other Legislative Provisions:
Articles 17 (1-2)
97
98
226
271(1)
294
295(1)
297
501
502(1)
505(2)
591(1)
592 (1
3)
593
595
611(a)
613
950 Greek Code of Civil Procedure
Article 28 Greek Constitution
Articles 1438
1439
1510-1512
1514
1518 of the Greek Civil Code
97
98
226
271(1)
294
295(1)
297
501
502(1)
505(2)
591(1)
592 (1
3)
593
595
611(a)
613
950 Greek Code of Civil Procedure
Article 28 Greek Constitution
Articles 1438
1439
1510-1512
1514
1518 of the Greek Civil Code
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PDF version of Summary
Headnote:
The domestic body of civil law and civil procedure relating to family disputes was found to be applicable in accordance with Articles 12 and 16 of the 1951 Geneva Convention, as the applicant was a recognised refugee in the country and needed to end her marriage.
Facts:
The main plaintiff, mother of the other four minor plaintiffs, and her husband, the defendant, were married in 2000, in Syria, their country of origin. In 2017, the family decided to flee to Greece because of the Syrian conflict and arrived on Samos island, where they stayed in a refugee camp for a while.. The defendant had been abusing the plaintiff repeatedly in Syria, as well as in Greece. On 19/08/2017, the plaintiff was assisted by an NGO and succeeded in changing accommodation to escape from the abuse. Later on, she relocated to Athens with her four children. The defendant was taken into custody and accused of smuggling of migrants.
Having initiated interim proceedings, the mother received a temporary decision on the exclusive exercise of custody of her four minor children). Following this, she also requested the ending of her marriage with the defendant and the exclusive exercise of custody of their children.
In the meantime, the mother and the four children found protection under the refugee status, while the father’s application was still pending at the time of the proceedings.
Decision & Reasoning:
In terms of admissibility, the Court considered that the dispute is rightly brought before it in light of, inter alia, Article 28 of the Greek Constitution regarding the validity of international law in the Greek legal order, as well as Regulation 2201/2003 on jurisdiction, recognition and enforcement of judgments in matrimonial matters and parental responsibility (Article 3). Moreover, the domestic body of civil law and civil procedure relating to family disputes was found to be applicable in accordance with Articles 12 and 16 of the 1951 Geneva Convention, as the applicant was a recognised refugee in the country.
The court ruled that the strong shock of the spouses' intimate relationship, due to the husband’s continued abuse against the wife, had been fully demonstrated. Therefore, the reason for divorce was well-founded. Moreover, the Court argued that given the mother’s attitude towards the physical and mental wellbeing of her children has created a smooth family environment for them. Consequently, it would be in accordance with the best interest of the children to entrust the plaintiff with the exclusive exercise of their custody.
Outcome:
Application granted. Dissolution of the marriage and full custody of the children granted to the plaintiff.
Observations/Comments:
This summary was completed by Danai Spentzou, Human Rights LLM student at Queen Mary University of London.
Case Law Cited:
Greece - Supreme Criminal Court (Areios Pagos) 378/2001
Greee - Supreme Criminal Court (Areios Pagos) 793/2010
