Complaint against mother dismissed by the Public Prosecutor's Office. Child's refusal to communicate found to be voluntary

By ruling of the Public Prosecutor's Office at the Athens Court of First Instance, a complaint filed by a father against his ex-wife for the offenses of violating a court communication order with a minor child and insult is being dismissed.

At the center of the case was the refusal of the 11-year-old boy to accompany his father during a scheduled meeting. The Prosecutor's Office examined the history of the case and concluded that the mother had not obstructed the contact.

As noted in the ruling, establishing the offense requires "active obstruction of communication" through positive acts, since "a passive stance or lack of encouragement is not sufficient."

The evidence showed that the child's negative stance was linked to the father's own behavior and inconsistency over time, such as his absences from birthdays, celebrations, and sports activities.

The ruling states that "the minor's voluntary refusal to accompany the parent," provided it is not proven to be due to deliberate manipulation or alienation by the mother, does not constitute an offense on her part.

At the same time, the Prosecutor's Office dismissed the insult charges over the expressions "incompetent," "irresponsible," and "useless father" that were reported to have been said. The prosecutorial judgment linked the phrases to the overall context of the dispute, noting that they did not constitute an "unjustified personal attack."

Instead, they were assessed as a "verbal reaction to a specific situation and an expression of indignation" by the mother over the non-payment of child support and the father's attitude, leading to the dismissal of the case.