The article-by-article discussion of four of the package of eight bills that radically amend Family Law began today in the Parliamentary Committee on Legal Affairs.
This is the major reform that regulates family relationships and especially the protection of children that began in 2018. The Parliament has already passed four plus one bills (on mediation) and the other four remain pending from 2023, due to reactions from lawyers, single parents and the Commissioner for Child Protection.
The bills concern:
1. The Parent-Child Relations Act (Amendment) Law of 2018.
2. The Wills and Succession (Amendment) Law of 2018.
3. The Regulation of Matrimonial Property Relations
(Amendment) Law of 2018. (File No. 23.01.059.041-2018)
4. The Children (Kinship and Legal Status) Law 2018.
As the president of the Committee, Fotini Tsiridou, told "F", today began the discussion on the completion of a major reform and added that the bills will be discussed in the next sessions of the Committee with the aim of being before the Plenary for voting by the end of October.
According to the official of the Ministry of Justice who edited the bills, Phaedra Grigoriou, the bills amend the provision regarding the case of failure to declare the child's surname, which aims at the equal treatment of the parents and provides that the child will have a double surname consisting of the surname of both parents.
– The obligation to take into account the opinion of the child, the best interests of the child, as well as any incidents of violence, by administrative or other competent authorities during administrative or other procedures related to the child.
– One parent is allowed to request the evaluation, treatment, support, monitoring of the child by a professional, without requiring the consent of the other parent, in cases where the child is a victim of domestic violence or sexual abuse by the other parent or a third person, following the registration of a criminal case.
– Provision is made for the appointment of an officer of the Social Welfare Services, or if deemed necessary, an officer of the Mental Health Services, in order to investigate all the circumstances related to the parental responsibility of the child, and to submit a relevant Report to the Court.
– The possibility of convening a Provincial Multidisciplinary Group, under the coordination of the Social Welfare Services, is provided for in order to prepare an intervention plan that may include suggestions as to the necessity of taking intermediate measures. At the same time, the possibility of issuing instructions and decrees by the Court for the implementation and monitoring of the intervention plan is added.
– A provision is added by which the right of personal contact of the parent with the child is converted into an obligation, from the moment the parent in question requests and obtains the issuance of a relevant communication order.
– The possibility of issuing a supervised communication order is provided for, when there are special circumstances, and in particular in cases of violence and in cases where one parent lives with the child in a place of accommodation for victims of domestic violence. The supervision communication decree is issued for a specific period of time, as an interim measure and may be issued as a final measure only if the Court deems it reasonable.
– The possibility of referring parents to compulsory participation in educational or counselling programs, or a parenting skills learning program, is provided when this is for the benefit of parent-child relations.
– The possibility of issuing a maintenance decree for the benefit of the Director of Social Welfare Services is added, in cases of removal of parental responsibility of children from the parents, and its assignment to him, provided that there is no financial inability of the parents to contribute to the child's maintenance.
– A provision is added, which provides for the extension of the validity of the child's maintenance decree beyond the child's adulthood, i.e. without the need to issue a new decree regulating it. This will only apply in cases where the child, despite reaching adulthood, has not completed his/her basic school education, i.e. his/her attendance at a public or private lyceum or technical school. The extension will not exceed 24 months from the age of majority.
– The disclosure of the actual income and property situation of the parents is ensured, through an affidavit, for the purpose of determining the amount of the child's alimony.
– A provision is added which provides for the imposition by the Court of an additional amount, in case of non-payment of maintenance by the liable person, corresponding to 20% of the amount of maintenance due, unless it is proven in writing that the debtor is financially incapacitated.
