New Legal Framework

Effective from 1 January 2026

As of 1 January 2026, an amendment to the Czech Civil Code has come into effect, changing the procedure for divorce proceedings involving parents of minor children. The fundamental principles governing parental care, however, remain unchanged.

The best interests of the child remain the paramount consideration.

If the parents are unable to reach an agreement, the court will decide on the basis of this principle. Nevertheless, primary responsibility for arranging the child’s life following the parents’ separation always rests with the parents themselves.

Parents should understand that divorce itself is not necessarily what causes the greatest harm to a child. Rather, it is the conflict that may arise between the parents in connection with their separation or divorce that can adversely affect the child. Separation or divorce marks the beginning of a new stage of parenting.

Parental Responsibility

Both parents retain parental responsibility after separation or divorce.

Parental responsibility comprises a set of rights and obligations towards the child and includes, in particular:

• caring for the child

• raising and educating the child

• legally representing the child

• managing the child’s affairs

• making decisions on significant matters concerning the child’s life

Parental responsibility also includes the obligation to provide the child, in a manner appropriate to their age, with information about important matters affecting them. This forms part of the child’s right to participate in matters concerning them.

Parents also have a mutual obligation to keep each other informed about matters concerning the child.

Protection of the Child

The law prohibits:

• corporal punishment

• causing psychological distress, including belittling the child, manipulation or dismissing the child’s feelings

• degrading treatment

• any other measures that interfere with the child’s dignity

Rights of the Child

The Child’s Right to Participate

A child has the right to be involved, in a manner appropriate to their age, in decisions concerning matters that affect them.

Parents are required to inform the child that they have the right to have a guardian ad litem appointed if the child’s interests may differ from those of the parents.

The child has the right to:

• be informed

• receive support

• express their views and have those views given due consideration

• choose not to participate in the decision-making process

Who the Child May Encounter During Court Proceedings

During court proceedings, the child may come into contact with, for example:

• OSPOD (Orgán sociálně-právní ochrany dětí – Czech Authority for the Social and Legal Protection of Children), which generally acts as the child’s guardian ad litem

• a judge

• a professional support provider, such as a psychologist or therapist

The longer a conflict between the parents continues, the more likely it is that the child will become more extensively involved in the proceedings. Prolonged parental conflict can have serious consequences for the child’s mental wellbeing.

How the Court Makes Its Decision

When deciding a case, the court primarily assesses the parents’ parenting capacities and their ability to guide the child safely through the period following separation while respecting the child’s needs.

The court generally views the following positively:

• willingness to communicate with the other parent

• ability to reach agreements

• compliance with agreements already made

• willingness to seek professional support

• respect for the other parent

• recognition of the important role of the other parent in the child’s life

The court generally views the following negatively:

• obstructive conduct by a parent

• manipulation of the child against the other parent

• false allegations

• unfounded accusations against the other parent

• relocating the child without the other parent’s consent

• preventing or obstructing the child’s contact with the other parent

• deliberately manufacturing evidence for the purposes of proceedings

• providing misleading information about the child

Such conduct may harm the child and may be taken into account by the court when making its decision. In certain cases, it may also have consequences under criminal law.

Procedural Matters

The amendment to the Czech Civil Code effective from 1 January 2026 introduced several changes intended to encourage parental agreement and simplify court proceedings.

Parental Agreement

Where the parents reach an agreement, the court will generally respect it provided that, it is in the child’s best interests. The court may also grant the parents’ divorce as part of the same proceedings.

Under the new rules, a guardian ad litem is not appointed for the child in such agreed cases.

Court Proceedings

Where married parents have reached an agreement, proceedings concerning the child and the divorce proceedings may be conducted jointly as a single set of proceedings.

If no agreement is reached, the divorce proceedings and proceedings concerning the child may be conducted separately.

Appeal proceedings are now subject to a court fee.

As a rule, the court does not regard a psychological assessment of the child carried out without the participation of both parents as admissible evidence.

Interim Decisions

The new legislation replaces the previous system of preliminary measures with interim decisions.

An interim decision:

• must be issued without undue delay

• is subject to strict formal requirements when requested

• generally remains in force for three months

• in most cases, cannot be appealed

Special Circumstances

In most cases, both parents are capable of caring for their child together. However, there are situations in which the parenting capacity of one or both parents is significantly impaired. In such cases, the court’s primary considerations are always the child’s safety and best interests.

Serious circumstances may include, for example:

• domestic violence, whether physical or psychological

• circumstances placing the child at risk within the meaning of the Czech Act on Social and Legal Protection of Children, which may also include children exposed to highly conflictual parental separation

• alcohol, drug or other substance dependence

• a serious psychiatric diagnosis

• manipulation of the child

• an inability to guide the child appropriately through the parents’ separation

Measures the Court May Take

Where parenting capacities are impaired, the court may:

• recommend professional support

• impose appropriate educational or protective measures

• order further professional assessments

• seek a safe arrangement for the parent’s involvement in the child’s care, such as assisted or supervised care

For the child, a psychological assessment, therapeutic care or another form of professional support may be recommended.

In acute crisis situations, do not hesitate to contact a crisis or intervention centre. Such centres can often provide professional support quickly, including support specifically for children.

Post-Separation Care

The purpose of post-separation care arrangements is to maintain a safe and stable environment for the child while enabling the child to develop and maintain a relationship with both parents.

Under the new legislation, courts may specify in their decisions a gradual adjustment schedule for the child, setting out arrangements for a period of up to one year.

What Matters Most

• A child needs both parents

• The quality of the time spent with the child is more important than the quantity alone

• Care arrangements should be planned with a view to the future

• A child with specific needs may also be cared for by both parents

Joint Care

Joint care provides parents with the greatest degree of flexibility. Parents establish the arrangements themselves and may adjust them over time.

For greater certainty and stability for the child, it is advisable to complete a parenting plan, which is available among the pre-prepared forms.

If parents using a joint-care arrangement are unable to agree on child support, the court may determine the amount of maintenance payable.

Care Arrangements

The terms previously used to distinguish between alternating care, asymmetrical care and contact are generally no longer used, subject to one exception.

Instead, care arrangements are now determined for both parents. The decision may specify, for example, the periods during which the mother cares for the child and the periods during which the father cares for the child, as well as:

• the place and time at which the child is handed over between the parents

• child support

• where appropriate, a schedule for care during school holidays

Parental Responsibility

Even after separation, both parents continue to make decisions jointly on significant matters concerning the child’s life, such as education, the child’s place of residence and healthcare.

Only a court may restrict or remove parental responsibility.

If the parents are unable to agree on a significant matter concerning the child, an application should be filed with the court in good time seeking an order substituting for the other parent’s consent.

Child Support

Child support is intended to meet the child’s needs. The amount payable depends on the child’s needs as well as the financial means, earning capacity and assets of both parents.

When determining the amount of maintenance, the court may refer to the advisory guidelines issued by the Czech Ministry of Justice.

In determining child support, the court considers in particular:

• the income of both parents, generally from the time they ceased living in a shared household

• their assets and investments

• business activities or ownership interests in companies, irrespective of the manner in which the parent’s tax affairs are structured

• other financial advantages and benefits

It is therefore important to provide the court with all documents it requests. Failure to provide the required documentation may unnecessarily prolong the proceedings.

Important Points to Know

Both parents always have a legal obligation to support their child.

Child support may be awarded retrospectively for up to three years. However, parents should not wait unnecessarily. First ask the other parent to review the amount of maintenance and, if no agreement can be reached, file an application with the court.

The amount of child support is commonly reviewed approximately every three years or, more typically, when the child moves to a new stage of education.

In exceptional circumstances, child support may be reduced.

Parents may establish a joint account into which both contribute an agreed amount and set rules governing how the funds in that account may be used.

Under the new rules, child support may be determined prospectively for a period of up to one year.

Child support covers the child’s ordinary needs, including, for example, housing, food, clothing, school supplies and certain extracurricular activities.

It may also include a savings component intended to meet the child’s future needs. The parents must, however, identify and agree on the savings arrangement themselves, and the funds should not be placed in a high-risk financial product.

Disputes concerning child support do not justify restricting the child’s contact with a parent. Likewise, obstructing a parent’s contact with the child does not release that parent from the obligation to pay child support.

Child support also has an educational and developmental dimension. Once the child reaches the age of 18, maintenance should be paid directly to the child. The parent and adult child should then agree, where appropriate, on how the child will contribute towards household expenses and other shared costs.