Changes to the arrangements concerning a minor child

Where you can sort this out

Příbram Town Hall,
Department of Social Affairs and Health
, Division of Social and Legal Protection of Children

Procedure

Example:
I am a divorced father of a son who has been placed in the care of my ex-wife. I see my son regularly. He is 12 years old and, over the past year, has repeatedly told me that he would like to be brought up by me. He does not get on with his mother since she found a new partner. Do I have the option of taking my son into my care?

You can discuss this matter with the relevant social worker at the Child Protection and Social Services Department (OSPOD).
In this specific case, the father may exercise his right and file an application to amend the arrangements for the care and maintenance of the minor child with the locally competent district court, where the minor’s custody file has been kept to date. Proceedings concerning the care of minors are exempt from court fees.
The issue of changing the arrangements for a minor child is governed by Sections 26 and 28(2) of the Family Act No. 94/1963 Coll., and Section 163(2) of the Code of Civil Procedure, as amended.
A guardian is appointed for the minor child for the purposes of court proceedings, who represents the child in the proceedings. As a rule, the social and legal protection of children authority (Příbram Municipal Authority) is appointed as the guardian.
In reaching its decision, the court always takes into account whether a change to the child’s current upbringing environment is appropriate for the child and whether it would cause the child emotional distress. The court will also consider whether a change to the upbringing environment would jeopardise the further development of the minor. A child who is capable of expressing their views and has reached a certain level of intellectual maturity has the right to express their opinion on the proposed change to their upbringing environment.
A change to the court’s decision regarding the upbringing of a minor may only be made on the grounds of a change of a more serious nature.
One possibility is that both parents are able to agree on a change in care arrangements in the best interests of their child; in such cases, the court’s decision-making role is considerably simplified, and, above all, this ability to reach an agreement will have a positive impact on the minor’s development and their view of both parents.
The second possibility is that the parents fail to reach an agreement, in which case the court examines the entire matter in detail. In extreme cases, an expert report in the field of child psychology or, where appropriate, psychiatry may assist the court in making an objective assessment of the matter (such a report is, however, considerably costly, not to mention the fact that it may significantly prolong the court’s decision-making process).
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.