In its Decision No. 833/2026, the Greek Supreme Court (Areios Pagos) examines the conditions under which a court decision concerning child custody may be revoked or modified, pursuant to Article 1536 of the Greek Civil Code.
Initially, the Court of First Instance had removed custody of a minor child from the mother and awarded it to the father on the grounds of improper exercise of parental responsibility. Subsequently, a new decision revoked the previous ruling and restored custody to the mother, primarily because she had participated in the subsequent proceedings and submitted additional evidence.
The Greek Supreme Court held that the revocation or modification of a decision concerning parental responsibility requires a substantial change in circumstances or the emergence of new facts that justify a different arrangement in the best interests of the child.
The subsequent participation of a parent in the proceedings and the submission of additional evidence, in the absence of a substantial change in the underlying factual circumstances, are not, in themselves, sufficient grounds for revoking the previous decision.
The Court emphasized that revocation proceedings cannot serve as a substitute for an appeal or as a means of reconsidering the original judicial assessment. Accordingly, the Supreme Court set aside Decision No. 286/2024 of the Single-Member Court of First Instance of Patras and referred the case back to the same court for a new hearing before a different judge.
Essentially, Supreme Court Decision No. 833/2026 highlights a crucial distinction in family law: A change in judicial assessment is not equivalent to a change in factual circumstances.
The best interests of the child remain the primary consideration. However, any modification of an existing judicial arrangement must be based on the legal requirements established by Article 1536 of the Greek Civil Code, rather than merely on a different assessment of the same factual circumstances.
Greek Supreme Court Decision No. 833/2026 | Second Civil Chamber (A2) | Published: 29 May 2026