Parental responsibility is not only a right, but above all a duty of parents to care for, protect and decide on the upbringing of their children. However, in some cases, parental responsibility may be limited or even removed by the court. What are the reasons for this? Can a parent relinquish his or her responsibility on his or her own? And what defences are available if a parent believes that the court has intervened unfairly?
Parental responsibility is a fundamental legal concept that expresses not only the rights, but above all the obligations of parents towards their children. It includes caring for the child, raising him/her, providing for his/her education, protecting his/her health and deciding on key issues such as where to live or managing the child’s property. Essentially, it is all responsibility for the child until he or she reaches full legal capacity, which is usually 18 years of age.
Contrary to a common misconception, parental responsibility does not automatically arise simply by being a biological parent. For the mother, it arises with the birth of the child, but for the father it depends on the establishment of paternity – it can arise automatically in marriage, by recognition of paternity or by court order.
It is also important to know that parental responsibility is not extinguished even if the parents divorce or separate. Both parents still have the same rights and obligations towards the child, unless the court decides otherwise. Moreover, parental responsibility is not the same as maintenance – even if a parent is not caring for the child or has been relieved of responsibility, he or she still has the obligation to contribute financially to the child.
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.
Cases of neglected, abused or abusive children are the saddest things we encounter in our law practice. In order to prevent, as well as to resolve such situations, the system of social and legal protection of children in the Czech Republic works (or should work), which in combination with the services of attorneys is an effective way to protect a child in the shortest possible time. What does the system of social and legal protection of children include and in what situations does it help? This is the focus of our next article.
Many parents wonder whether they can simply give up parental responsibility if, for example, they are not interested in the child or do not want to take care of the child. The answer is clear: they cannot. The Czech legal system is based on the assumption that parental responsibility is not only a right, but above all an obligation. A parent cannot get rid of it either by unilateral declaration or by agreement with the other parent.
In practice, however, it may happen that a parent completely ignores the child – does not see him or her, does not contribute to his or her upbringing, does not take an interest in his or her health or education. While such behaviour may lead to court intervention, for example to a limitation of parental responsibility, it is not legally a “relinquishment” of parental responsibility.
The only way a parent can lose parental responsibility is by a court decision. The court can suspend it, limit it or, in extreme cases, relieve the parent of it altogether. Even in such a situation, however, the parent retains the maintenance obligation. In other words, even if the parent “drops out” of the child legally, he or she remains financially bound.
The court only interferes with parental responsibility when it is necessary to protect the child. For example, parental responsibility can be limited in situations where a parent neglects the child, endangers the child’s health or fails to care for the child for a long time. The inability of a parent to take decisions on important issues, for example if he or she mismanages the child’s property, is also a common reason.
The court always takes an individual approach to restrictions. For example, it may decide that the parent can no longer make decisions about the child’s education or manage the child’s money, but otherwise retains his or her parental responsibilities. In extreme cases, a parent may also be restricted from personal contact with the child if it would be harmful to the child – for example, if there is evidence of violence or addiction.
The court always decides according to the best interests of the child and may change its decision in the future if circumstances improve. So the restriction does not have to be permanent – if the parent can show that they have changed and can look after the child properly, they can apply to have their rights restored.
Deprivation of parental responsibility is the most serious intervention in the parent-child relationship. The court will only resort to it in exceptional cases where the parent has been in long-term and serious breach of his or her obligations. This is not a one-off failure, but repeated behaviour that seriously harms the child.
Typical reasons may include physical or psychological abuse, neglect, deliberate threats to the child’s upbringing or even involvement in criminal activity. The court also deals with situations where the parent has completely stopped taking an interest in the child – if he or she does not see the child for a long time, is not interested in the child’s health or education and does not participate in the child’s life in any way.
When parental responsibility is removed, the parent loses all rights related to the child’s upbringing – he or she cannot make decisions about the child’s life or represent the child. As we have already pointed out above, even then he or she does not lose the obligation to pay maintenance. If both parents are relieved of responsibility, the court appoints a guardian to care for the child in their place.
Also, the removal of parental responsibility is not always definitive – if a parent changes and proves that he or she is able to care for the child, he or she can apply to have it restored. However, the court always decides according to the best interests of the child.
Tip: Sometimes a young child or teenager commits something illegal. These are usually minor offences such as vandalism or theft. Unfortunately, there are also cases where children or teenagers resort to violence and murder. What does our legislation say about crimes committed by children and adolescents and when do we become criminally responsible? Find out in our article.
If the court decides to limit or remove parental responsibility, the parent can defend himself or herself against the decision in several ways. The first option is to appeal – if the parent disagrees with the court’s verdict, he or she can appeal to a higher court, which will review the decision.
Even if the parent fails to appeal, there is still a way to regain parental responsibility. The key is to show that the situation has changed – for example, if the parent has overcome addiction, obtained stable housing or taken an active interest in the child. In that case, he or she can ask the court to reassess his or her situation.
The court is always guided by the best interests of the child. It is not enough to show that the parent’s living conditions have improved; it must be clear that the return of parental responsibility will not be detrimental to the child. It is therefore important to take an active interest in the child and to cooperate with professionals – for example, a psychologist or social worker. The right strategy and patience can lead to the restoration of rights, but the court always has the final say.
Court decisions on parental responsibility are not black and white and always depend on the specific situation. The courts carefully examine the circumstances of each case and their main criterion is the best interests of the child. For example, in one of the Supreme Court’s judgments, Case No. 30 Cdo 2873/2005, the removal of parental responsibility from a father who had not shown any interest in the child for a long time was confirmed. According to the court, if the father had not shown any interest in the upbringing of the minor for 10 years, had not socialised with him or otherwise contacted him, had not in any case taken an interest in the child’s health, physical, emotional, intellectual and moral development, had not protected his interests, had not participated in the supervision or representation of the child, then the father had seriously neglected the exercise of his parental responsibility towards the child for a long time. As a consequence, the minor child had no emotional relationship with his father, had no interest in getting to know him and did not miss him. At the same time, the Court emphasised that parental responsibility is not just a formal status but involves real care for the child.
Even in our law practice, we handle cases where a parent has been able to regain his or her responsibility. For example, a mother who lost the ability to care for her child due to mental health problems went to court and succeeded after several years of treatment and stabilization of her life. The key was that she demonstrated a genuine concern for the child and the ability to provide a safe environment for the child.
The courts also often deal with limitations on parental rights – for example, in situations where one parent prevents the other from having contact with the child without good reason. These cases show that parental responsibility is a dynamic institution that can change according to life circumstances.
Parental responsibility is the totality of the rights and obligations of parents towards their children, including the care, upbringing, education and representation of the child. This responsibility lasts until the child reaches the age of majority, unless it is limited or removed by the court. The court may intervene in cases where a parent has seriously neglected his or her obligations, for example, by long-term neglect of the child, failure to fulfil maintenance obligations or by leading a lifestyle that endangers the child. In extreme situations, this can lead to the complete removal of parental responsibility. A parent cannot voluntarily relinquish his or her responsibility; any limitation or removal must always be assessed and decided by the court. It is important to remember that parental responsibility is not merely a formal status but requires active and responsible participation in the child’s life.
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.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
In person and online. Just choose the appropriate service or opt for an independent consultation when you are unsure.
