Important decision
In a recent ruling, the Constitutional Court has addressed the question of whether a court can order a parent to have access to the child. According to the court, yes – contact is part of parental responsibility and judicial enforcement is not excluded. However, it is always crucial to consider the best interests of the child.
In this case, the mother asked the court to order the father – who does not live with the children – to have more contact during the school holidays. She argued that custody during those days fell solely on her and was demanding both in terms of time and money. The father resisted the court’s order for access, citing work commitments and fears that he would face enforcement if he did not comply with the order.
The Constitutional Court emphasised that parental responsibility is not only about rights but also about obligations. A parent who fails to take charge of a child may be sanctioned – for example, by a fine or liability for harm to the caring parent. Although the court ultimately did not grant the mother’s motion on procedural grounds, it clearly declared that access to a child can be not only a right but also an enforceable duty. The full text of the judgment is available under file number II. ÚS 2423/24.
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