A mother drove her four-year-old daughter with Asperger’s Syndrome 350 kilometres away without her father’s consent. She claimed she was looking for a quieter environment. But the courts say she violated the child’s right to contact with both parents – and must return.
After the divorce, the mother had sole custody of the daughter, but she and the father had agreed to remain in contact. When the court lifted the interim order preventing the move, the woman suddenly moved to the south of Moravia. The father, who does not have a car, lost his ability to see his child. The regional court therefore ordered an immediate return. The Constitutional Court subsequently confirmed that parenting must not be based on the wishes of one parent alone.
According to the Constitutional Court, a child has the right to an equal relationship with both parents – and this is what made the move impossible. The court did not reject the mother’s arguments about her daughter’s health problems, but pointed out that a peaceful background can be found in the original region, where the girl also has an extended family. According to the court, an unjustified change of residence that jeopardizes contact with the other parent is a fundamental interference with the rights of both the child and the father.
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.
