What applies to student registrations and transfers when one of the two parents has custody

The Deputy Minister of Education Zetta Makri answers the question of MPs, regarding the student registrations when custody has one of two parents.

“Answer to the Question with original number 4247/10-4-2024”

In response to the above Through Parliamentary Controlwe announce the following:

Regarding with related issues with the reformation of relations between parents and child after the break-up of cohabitation, divorce, annulment of marriage or the termination of the cohabitation agreementthe provisions of Law 4800/2021 apply “Reforms regarding the relations of parents and children, other issues of family law and other urgent provisions” (Α΄81).

Regarding the implementation of the provisions of the law in the field of registrations/transfers of primary and secondary education students, an issue which is touched upon in the question in question, we inform you that the competent department of the Ministry of Education and Culture. issued the no. prot. Φ1/117162/GD4/20-9-2021 circular with the subject “Information regarding the implementation of Law 4800/21-5-2021 (Α΄ 81) on registrations/transfers of primary and secondary education students” for the implementation of the provisions of the law at school unit level.

The circular in question informs the school units for the publication of the above Law, is interpretative of its provisions and was issued for the convenience of school units.

What finally applies according to the circular

To make them happen student enrollments/transfers;/of Primary and Secondary Education students, from 16.09.2021 onwards, the consent of their parents/guardians is required, if they are minors. In cases where the required consent of both parents/guardians does not exist, the last paragraph of the provision of article 1512 of the Civil Code should be applied proportionally, according to which it is defined that:In the exercise of parental responsibility parents make an effort to find mutually acceptable solutions. If they disagree, the court decides.”

In particular, if the recording/transcription of the student implies a change in the child’s place of residence, which substantially affects the right to communicate of the parent with whom the child does not reside, is required prior written agreement of the parents or a previous court decision issued at the request of one of the parents.

The concept of court decision includes: temporary injunction, injunction, final court order.

The above applies in all cases registrations/transfers regardless of the time of submission of the relevant registration/transfer application, subject to what is mentioned in point D) hereof.

D) The above defined in article 1519 of the Civil Code do not cover only those cases where one of the parents has presented a court decision that regulates matters of custody – communication and which has become irreversible until 16.09.2021.

In this case the Directors/Heads of the school units should additionally request a certificate on non-exercise of remedies means from which it will be proven that the submitted court decision has become irreversible until the entry into force of Law 4800/2021, that is, on 16.09.2021.

Please note that in this casedoes not fall under the concept of a court decision that has been issued through the procedure of interim measures, but a final court decision is required which in 16-09-2021 has become irrevocable.

Further, it is recalled that the care of the minor child it is the duty and right of the parents (parental care), who exercise it jointly and equally. Parental care includes the custody of the person, the administration of the property and the representation of the child in any case or legal action or trial, concerning his person or property.

In case where the parental care ends due to death, annulment or disqualification of one parent, parental responsibility belongs exclusively to the other. If one of the two parents is unable to exercise parental responsibility for real reasons or because he is incapable or has limited legal capacity, the other parent exercises it. However, custody of the child is also exercised by the minor parent.

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