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Alternate care during a coronavirus epidemic

A state of emergency was declared in the Czech Republic on 12 March 2020 and the free movement of people was subsequently restricted. Exceptions to the free movement of persons have been established, when movement is allowed, for example when it is necessary to travel to visit family or close persons.

Střídavá péče v době epidemie koronaviru
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Currently, clients’ questions are directed to whether judgments are in effect and what about parent-child contact in times of emergency. Even during a declared state of emergency, judgments remain in force, including judgments relating to custody of minor children, child support and parent-child contact.

With regard to parent-child contact, even the current precautionary measures are not yet grounds for interrupting contact (unless the parents agree otherwise), because of a parent’s general fear of Sars-Cov-2 disease, or because of a parent’s allegation that the other parent does not wash his or her hands regularly, does not use disinfectant after each contact with an object, etc.

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Positive test for coronavirus

The situation is different if the receiving parent has tested positive for Sars-Cov-2, or is in a mandatory 14-day quarantine, or wants to receive the child without a veil, etc… In such a case, the specific contact cannot take place. For this is a similar case as if, for example, the child is ill or the parent who is to take the child is ill. It is therefore not in the interest of the minor child to have contact with the sick or potentially sick parent (quarantine).

If the contact is not implemented, it can be replaced, for example, by videoconferencing or by another application, so that the child’s contact with the other parent is maintained and normal contact can take place after the end of the measure without disrupting the emotional ties between parent and child.

Arrange…

Parents should currently try to reach an agreement and prioritise the child’s health. It should be remembered that even if a parent does not experience symptoms of illness, they may be ill and infect the child. The child may subsequently infect a caring parent who will be unable to care for the child afterwards, if not worse. The situation is stressful for everyone and especially for young children. It is in their interest that emotional ties should be maintained even when contact between parent and child is impossible, through various distance contacts (if face-to-face contact is not possible), so that normal contact can be resumed smoothly once the measures have passed.

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Author of the article

Mgr. Lucie Petránková

Lucie understands the legal profession like few others, and she defends the interests of her clients both inside and outside the courtroom. Lucie has won hundreds of disputes, and her role on our team is to ensure the smooth and effiecient transfer of real properties. She is also experienced in both civil law and family law.

Education
  • Postgraduate studies Charles University in Prague, Faculty of Law, field: medical law,
  • Universita Pantheon d ´Assas Paris II,
  • Law, Charles University in Prague, Faculty of Law

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