In the previous article, we described when a parent can restrict contact with a child as of right? And how can the circumventing parent defend himself/herself? Today, we’ll take a look at a few stories of obstruction of contact with a parent that we’ve encountered in our law practice.
Mrs Jana decided one day to leave Austria where she was living with her son Thomas and his father, Mr Michael. There had been conflicts in the relationship for some time which Jana found intolerable, so she packed up and returned to the Czech Republic, where she was from, without Michael’s knowledge. Michael, who was by then convinced that his son would grow up in Austria, perceived the situation as his abduction.
Michael therefore turned to the Austrian court and asked for the child to be returned to his country of origin on the basis of international conventions, in particular the Hague Convention on the Civil Aspects of International Child Abduction. In the meantime, Jana decided to seek legal assistance in the Czech Republic and contacted the law firm Dostupný advokát. We advised Jana to first try to reach an agreement with the child’s father. A long court case could harm the child and complications could also negatively affect her position. After several negotiations between the two parties, at which we represented Jana, a preliminary agreement was reached.
We agreed with Michael that Jana would be able to stay with Tomas in the Czech Republic on the condition that Michael would have regular contact with the child, both in person and via video calls. At the same time, both parties agreed to consult on all major issues concerning Tomas.
We then had this agreement approved by the Austrian court, which had jurisdiction under international law. The court interviewed Mrs Jana by telephone, which helped to speed up the process. Subsequently, the Austrian court issued a decision approving the agreement between the parents. Jana then had to have this decision recognised in the Czech Republic in order to comply with Czech law. We helped her prepare a petition for recognition of the foreign decision, which we filed with the competent Czech court.
The whole process, which initially seemed like an intractable conflict, was resolved amicably and in the best interests of the child. Mrs Jana stayed with little Tomáš in the Czech Republic, while Mr Michael was assured that he would not lose contact with his son. Both parents also gained a legal framework that protected their rights and the interests of the child.
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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.
Mrs Martina found herself in a very difficult situation. After the breakdown of her marriage to Mr Phillip, with whom she lived alternately in the Czech Republic and France, she decided to stay permanently in the Czech Republic with her two children, Anna (7 years old) and Thomas (5 years old). Phillip, who remained in France, described this move as child abduction. However, Martina believed that she was acting in the best interests of the children, who were accustomed to their Czech environment and background, and therefore applied to the Czech courts for custody of the children.
After a thorough assessment of the situation, the Czech courts decided that Martina had not abducted the children. The children were citizens of the Czech Republic and had their permanent residence here, so there was no reason to return them to France. However, Mr. Phillip stopped communicating with the Czech courts, ignoring summonses and subpoenas. Instead, he filed various complaints through the French Embassy and tried to defame the mother of his children with the authorities.
Despite the decision of the Czech courts, Phillip filed acriminal complaint in France, also claiming that Martina had committed the kidnapping. The French authorities took action, which caused not only psychological strain for Martina but also financial problems as she had to secure legal representation in that country as well.
Into this difficult situation was born Martina’s third son, whom Phillip claimed as his own, although both he and Martina knew that he was not the father. Due to a disagreement over the son’s name, he was listed on the birth certificate as “Unknown”. This administrative curiosity caused Mrs Martina many complications. The insurance companies refused to insure her son and he was called as “Undetected” when he visited the pediatrician, which was hurtful and absurd for the mother.
We prepared all the necessary documents and evidence for Mrs. Martina to confirm to the French court that she had not acted illegally. We also arranged for the filing of a petition to deny paternity in the Czech court. Thanks to genetic tests, it was confirmed that Phillip was indeed not the father of the third child. The court subsequently ruled that the name “Undetected” would be dropped, and Martina’s son was given a new name and maiden name based on his mother.
Mr Jiří was the divorced father of an eight-year-old daughter, Tereza, who had been granted sole custody by the court to her mother, Ms Lenka. Mr Jiří had court-ordered contact with his daughter, which was to take place every other Friday and weekend, as well as during certain holidays. At first everything seemed to be fine, but over time Lenka began to prevent her ex-husband from having contact with his daughter. She argued various reasons – Tereza was allegedly ill, had other plans, or simply “did not want” to see her father.
At first, Jiří tried to resolve the situation by agreement. He contacted his ex-wife, but she ignored his efforts to communicate. When the situation repeated itself several times, Jiří decided to contact an Affordable Lawyer.
We advised Mr. Jiri to file a petition with the court to enforce the order by fining the mother for repeatedly violating the court’s access order. We substantiated the motion with documented evidence, including reports, emails, and testimony that demonstrated that Lenka had systematically prevented Mr. Jiri from having contact with his daughter.
After reviewing the case,the court imposed an initial fine of CZK 5,000 on Lenka for violating the court order. However, Lenka continued to prevent access. Subsequently, the court gradually increased the fines. In total, she was fined CZK 25 000. However, Ms Lenka continued not to allow contact with her daughter and we filed a criminal complaint for obstruction of an official decision. The police investigated the case and found that Lenka’s actions fulfilled the facts of this offence. The court found Lenka guilty of obstructing the execution of an official decision and imposed a suspended prison sentence of 6 months with a probationary period of 1 year.
After the criminal conviction, Lenka began to respect the relationship between Jiří and Tereza. After a few months, the contact between father and daughter stabilised and Jiří was able to spend time with her regularly again.
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 the 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.
We can ensure a fair increase or adjustment in your alimony/child support payments, taking into account the financial situation of each party. Our experience will ensure your proposal has the highest chance of success in court. You may pay after services are provided.
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.
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