Arrangements concerning a minor child

Where you can sort this out:

Příbram
Town Hall, Department of Social Affairs and Health
, Child
Welfare and Legal Protection Unit, nám. T. G. Masaryka 107, Příbram I

Procedure:
Example:
I am a married mother of three minor children. The children’s father and my husband moved out a month ago. He is not contributing to the children’s maintenance or to household expenses. He does visit the children, and I do not wish to get a divorce for the time being. He won’t even confirm his income so I can claim state social support benefits. How should I proceed?

You can discuss this matter with the relevant social worker at the OSPOD.
Where the parents have ceased to live together or do not share a household, it is advisable to address the situation by filing an application for the adjustment of custody and maintenance arrangements for a minor child whilst the marriage
is still in force. A guardian is appointed for the minor child for the court proceedings, who represents the child in the proceedings. As a rule, this is the Authority for the Social and Legal Protection of Children (Příbram Town Hall).
The local court with jurisdiction over the child’s place of residence (Příbram District Court) is responsible for resolving the situation.
Proceedings concerning the care of minor children are exempt from court fees.

Matters relating to the upbringing and maintenance of a minor child are governed by Section 50 of the Family Act No. 94/1963 Coll., as amended.

The outcome of the court proceedings is a judgement regulating the upbringing and maintenance of the minor child. This means that the court will decide which parent will be granted custody of the minor child and what amount the parent who does not have custody will contribute towards the child’s maintenance.

In reaching its decision, the court takes into account, first and foremost, the rights and interests of the minor child and the parents’ parenting abilities and capacity to care for the child. The child may be placed in the care of one parent or under what is known as ‘shared custody’. In cases where both parents continue to live in the same household and both are involved in the upbringing of the minor child, the court may award joint custody to both parents.

An appeal against the decision of the court of first instance (district court) may be lodged with the regional court within 15 days of receiving a written copy of the judgement.
If the parent ordered to pay maintenance fails to do so voluntarily, the entitled party (the other parent who has been granted custody of the child) may, pursuant to Section 276 of the Code of Civil Procedure, file an application for the enforcement of the decision by way of deductions from the obligated party’s wages. The application is filed with the court with local jurisdiction.

In a situation where a mother with a minor child finds herself in financial distress due to the failure of her husband and the child’s father to contribute to their maintenance and the running of the household, she may exercise her right to apply for social assistance provided on the grounds of social need. The application is submitted to the relevant social services department of the local authority. (Department of Social Affairs and Health, Příbram Municipal Authority).