Greece - Single-Judge Court of First Instance of Thessaloniki, Decision no. 555/2019, 16 January 2019
Country of Decision:
Country of Applicant:
Date of Decision:
16-01-2019
Court Name:
Single-Judge Court of First Instance of Thessaloniki, Decision no. 555/2019
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Headnote:
A separated child, whose parents are missing, and he stays with his uncle’s family in a country different than his country of origin is reasonable to have his uncle as a guardian. The close relationship between the minor and the uncle is an important prerequisite.
Facts:
The minor had left his country of origin (Iran) and had moved with his family to Istanbul, Turkey. His parents departed Turkey separately and they planned to meet at a later point. The minor departed along with his uncle’s family and crossed the borders from Turkey to Greece but did not manage to reunite with his parents, as they went missing. He currently lives and study in Greece and has a close relationship with his uncle and the rest of the family. An application has been filed for the guardianship of the minor to be granted to his uncle.
Decision & Reasoning:
The Court held that the uncle should be the guardian of the minor, because of their good and loving relationship. The Court noted the uncle’s active steps in ensuring the integration of the family and the welfare of the child, as well as the rest of the family’s supportive stance towards the minor. Additionally, the minor has expressly stated that he is happy living with the family of his uncle.
Outcome:
Application for guardianship granted.
Observations/Comments:
This summary was conducted by Danai Spentzou, Human Rights LLM student at Queen Mary University of London.
