The government has approved further changes to family law. Courts are to give greater consideration to child safety and domestic violence.

nikola šedová
Mgr. Nikola Šedová
13. October 2026
2 minutes of reading
2 minutes of reading
Family Law

On October 12, the government approved an amendment to the Civil Code and related regulations that revises the rules governing child custody, divorce proceedings, and the protection of victims of domestic violence. The bill responds to experiences with the divorce amendment effective as of January 2026 and is intended to explicitly emphasize the child’s safety as one of the main considerations in court decisions. The changes are not yet in effect, and the bill will now proceed to the Chamber of Deputies. Government of the Czech Republic

If a parent commits an act of violence against a child, the other parent, or another person living with the child in the same household, the court must explicitly consider whether the conditions for termination of parental responsibility have been met. However, this does not mean that such a measure would be taken automatically in every case of domestic violence. The proposal also allows the court, under strictly defined conditions and only for as long as absolutely necessary, to grant custody exclusively to one parent—for example, if the other parent’s care could have a serious negative impact on the child.

Another new feature is the introduction of case conferences, during which a judge could directly involve, for example, police officers, social workers, psychologists, or addiction specialists, and work with them to assess the risks to the child. The bill further strengthens the protection of victims of domestic violence against secondary harm in civil proceedings, clarifies how children are informed about ongoing proceedings, and standardizes the fee for a single appeal in cases involving the custody of minors at 3,000 crowns, even if it concerns multiple issues.

Divorce proceedings themselves may also change. If the spouses agree to a divorce and meet the legal requirements, it will be possible to dissolve the marriage without a court hearing; if they have minor children, proceedings regarding their custody and support will continue. It is important to distinguish the government’s proposal from a separate Senate amendment, which also addresses problems with the current child custody regulations but opts for different solutions on certain issues.

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