Important decision
In its ruling, case no. I. ÚS 1029/26, dealt with an exceptionally acute parental conflict and confirmed that, in extreme cases, a child may be temporarily placed in institutional care even due to intense manipulation by one of the parents. The condition is that the manipulation demonstrably endangers the child’s psychosocial development and that no less severe solution exists.
The Constitutional Court found that, in the case at hand, it had been proven that the child had been subjected to long-term influence against the mother, that their relationship had gradually deteriorated, and that the child had adopted the father’s strongly negative attitudes. The lower courts therefore concluded that, at that time, it was not in the child’s best interest to be placed with either parent, but rather to be temporarily placed in a neutral environment. The Constitutional Court upheld their conclusions and stated that the conditions of Section 971 of the Civil Code may be met even in cases of serious manipulation leading to the rejection of the other parent.
At the same time, however, the court explicitly emphasized that institutional care is the ultima ratio—that is, the last possible resort. It is not intended to serve as a punishment for parents or as an automatic response to the child’s rejection of the other parent. Courts must always carefully examine alternatives—such as care by another close relative—and assess the specific circumstances of the child and the family. Furthermore, the ruling was not adopted unanimously; it includes a dissenting opinion by Judge Jan Wintr. The decision thus opens an important debate about the line between protecting a child from harmful manipulation and a very intense intrusion into the child’s family life.
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