Preventing a child’s contact with the other parent is a sensitive topic that often escalates conflicts between parents. What are the most common reasons why this behaviour occurs? When can a parent restrict contact with a child as a matter of right? And how can the circumventing parent defend himself or herself?
Preventing a child from having contact with the other parent is most often a consequence or continuation of conflicts between the parents that led to their divorce or separation. The caring parent may be concerned that he or she may lose control of the child’s upbringing or fear that the other parent will negatively affect the child’s relationship with him or her. These fears are often compounded by strong emotions such as anger, disappointment or distrust towards the former partner.
The belief that the other parent is unsuitable to care for the child can also be a common reason for such behaviour. The caring parent may have doubts about the other parent’s ability to provide a safe environment or fears about the other parent’s influence on the child’s values and behaviour. In some cases , preventing contact may be the result of manipulation by the child or an attempt to exclude the other parent from the child’s life altogether.
For the parent who violates previous agreements or court orders, it is important to remember that preventing access without good cause can not only damage the child’s relationship with the other parent, but also lead to legal consequences.
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If one parent prevents the child from having contact with the other parent, the bypassed parent has several options to defend themselves and regain contact with their child. The first step should always be to try to communicate with the caring parent and seek an amicable solution. If this is not possible, the child welfare authority(OSPOD) can be contacted, which can advise the parent of his or her obligations, mediate an agreement or recommend professional help, such as mediation.
If the obstruction of contact persists, an application to the court for enforcement of the decision should be made. This must, of course, be preceded by the existence of a final decision regulating the parent’s contact with the child. Subsequently, the court may order various actions, including the imposition of a fine of up to 50,000 crowns or a notice to comply with its obligations. The aim of the fine is to force the parent to respect the court’s verdict.
In extreme cases, the court may also order the child to be removed and handed over to the other parent. However, the courts only take these steps in exceptional situations where it is in the best interests of the child.
An abusive parent can also file a criminal complaint if the custodial parent repeatedly and unreasonably fails to comply with a court order. Obstruction of access may be classified as a criminal offence of obstruction of official decision.
It is important to act quickly and provide evidence of the obstruction of access, such as records of communications with the custodial parent or testimony. A proactive approach helps to protect the child’s right to have contact with both parents.
In this case, the parent who prevents contact faces a prison sentence of up to two years, a ban from work or a fine.
However, the courts only resort to criminal sanctions in extreme cases where other measures, such as fines or notices to comply, have not led to remedies. Criminal proceedings usually follow only after prolonged and repeated obstruction of contact which has a negative impact on the child and violates the rights of the other parent.
Tip: When a beloved child disappears from hour to hour, you find yourself in a seemingly hopeless situation. Despair, fear and sadness are the main emotions that take over. Even worse are cases where the other parent is behind the abduction. How does the law view the issue of child abduction in the Czech Republic and how widespread is this phenomenon in our country? This is the subject of a separate article.
The jurisprudence of the Constitutional Court plays an important role in resolving disputes on preventing a child from having contact with the other parent. In several of its judgments, the Court has addressed the question of when and in what circumstances a fine can be imposed on the parent who prevents access or other measures can be ordered to enforce a court order.
One of the key rulings is the decision in Case No. III ÚS 3573/18, where the Constitutional Court emphasised that imposing sanctions on a parent who does not allow access must be in accordance with the best interests of the child. This ruling states that the fine is to serve as a means of coercion, not as a punishment. The court must carefully consider whether the parent has actually made adequate efforts to allow access and whether the refusal of access is the result of circumstances beyond the parent’s control, such as resistance by the child himself.
Furthermore, the Constitutional Court drew attention to the importance of the child’s wishes, which must be assessed in the light of the child’s age, emotional and intellectual maturity, as well as the influence of the parents on the child’s views. Where it is clear that the caring parent has taken no steps to foster the child’s relationship with the other parent, a fine is justified.
Beyond the normal legal assessments of the case, the Constitutional Court here states, inter alia:
,…the above conclusions should not be seen as a “victory” for the father or a “defeat” for the grandparents. In fact, the following words of fine literature (McEwan, I. Think of the children! Prague: Odeon, 2015, p. 11: “The rich usually failed in their efforts to give away happiness. Parents soon learnt a new vocabulary and lengthy legal procedures and suddenly found themselves in a fierce battle with those they once loved. And behind the battle scene waited boys and girls, referred to in court records only by their first names, tormented little Ben and Sarahs, huddled together while the gods towering above them fought to their last breath, from the Special Family Law Court to the High Court and thence to the Court of Appeal.” The complainant and the grandparents thus have a choice: either they remain in their “heights” and continue to subject the minor to apparently traumatic experiences, or they descend lower and find common ground in order to work together to ensure his all-round development. It is to be hoped that the adults, remembering that there have been more than enough painful moments in the minor’s early years, will prefer the latter option.”
Tip: Restricting a child’s contact with a parent is a serious step that courts take only when it is in the child’s best interests. What situations can lead to such a decision? This is discussed in a separate article.
Preventing a child from having contact with the other parent is a complex situation that requires a quick and effective solution, taking into account the best interests of the child. The parent who is prevented from having contact with the child can use tools such as mediation, an application for enforcement of the decision or filing a criminal complaint in case of repeated violations of court orders. The key is to provide evidence of the obstruction and to act quickly to protect the child’s right to have contact with both parents. The approach of both parents should always be aimed at minimising the negative impact on the child and ensuring a stable environment.
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