Important decision
A child’s right to express his or her opinion also applies in proceedings concerning his or her relationships with the extended family. In its ruling, Case No. II. ÚS 1101/26, the Constitutional Court overturned decisions that had denied the great-grandparents’ request for a temporary arrangement regarding contact with their 11-year-old great-grandson, without the courts having ascertained his opinion.
The great-grandparents requested a preliminary ruling on visitation rights, citing, among other things, their advanced age, health condition, and concern that they might not live to see a final decision in the matter. The lower courts rejected their motion. According to the Constitutional Court, however, the lower courts did not sufficiently address the arguments that could have supported the urgent need for a temporary solution, and their decisions were therefore not sufficiently reasoned. Another fundamental error was that the courts made no effort to ascertain the child’s own opinion, nor did they explain why it was not possible to determine the child’s views.
The Constitutional Court noted that when assessing the best interests of the child, it is also necessary to respect the child’s right to be heard in a matter that directly concerns him or her. This right to participate is therefore not limited solely to disputes between parents but may also be significant when deciding on the child’s contact with grandparents, great-grandparents, or other close relatives. However, the ruling does not mean that great-grandparents are automatically entitled to the requested extent of contact. The district court must reconsider the matter, ascertain the child’s opinion, and duly justify its new decision.
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