New legislation
The new legislation, effective from 1 January 2026, responds to situations where one parent does not actually exercise parental responsibility, yet formally retains it and uses it, for example, to block the other parent’s decisions. The mere fact that a parent is not interested in the child for a long period of time, does not see the child or is out of contact with the child can now lead to the suspension of parental responsibility. The decisive factor is not the formal existence of parental responsibility but its actual exercise in the interests of the child.
An important innovation in current legal practice is that if a child is entrusted to the care of only one parent, the parental responsibility of the other parent should be suspended. The law does not implicitly provide for this, but this seems to be the direction in which the courts’ discretion will be directed.
The maintenance obligation is not affected, but the need for the non-custodial parent’s consent to ordinary and fundamental decisions concerning the child, such as the choice of nursery, school or health care, is removed. This regulation is intended to prevent situations where a parent who is not actually interested in the child uses his or her parental responsibility as a tool for obstruction.
We are currently dealing with just such a situation with a client who takes care of a minor child alone, while the father is not involved in the upbringing for a long time and is out of contact. The aim of the proposal is not to exclude the father from responsibility for the child, but to create a workable legal framework that allows decisions to be made in the best interests of the child without unnecessary delays and blockages.
Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.
Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.
In person and online. Just choose the appropriate service or opt for an independent consultation when you are unsure.
