Arrangements regarding a minor child following divorce

Where you can sort this out

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

Procedure

Example:
I am a married mother of a minor daughter and am currently on maternity leave. The child’s father lives with us in our shared flat, but he does not contribute to my daughter’s maintenance or to the running of the household. About a month ago, he started living on his own, eating out, and I have discovered that he has also found another partner. He shows no interest in our daughter’s upbringing. I have decided to resolve the situation by getting a divorce. How should I proceed?

• You can discuss this matter with the relevant social worker at the OSPOD.
• Before issuing a decree granting the divorce of the parents of a minor child, the court will regulate their rights and obligations towards the child for the period following the divorce; in particular, it will determine to whom the child will be entrusted for care and how each parent is to contribute to the child’s maintenance.
• The arrangements regarding a minor child for the period following the divorce are governed by Section 26 of the Family Act No. 94/1963 Coll., as amended.
• A guardian is appointed for the minor child for the purposes of the 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 to this role.
• If the mother of a minor child sees no other way out and has decided to resolve the family situation through divorce, she must, at the same time as filing the application for divorce, submit to the court, in triplicate, an application for the arrangement of matters for the period following the divorce.
• This application must be submitted before filing the petition for divorce or, ideally, at the same time as it.
• The competent court for resolving the situation is the general court with jurisdiction over the child’s place of residence (Příbram District Court).
• Proceedings concerning the care of minor children are exempt from court fees.
• 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 following the divorce and the amount of child maintenance to be paid by the parent who does not have custody of the child.
• In reaching its decision, the court primarily takes into account 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 so-called shared custody.
• An appeal against a 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 judgment.
• The judgment becomes enforceable once the divorce decree has become final.
• The mother may exercise her right to apply for maintenance as a divorced wife (under Section 92 of the Family Act). The court with local jurisdiction is that of the respondent’s (the other spouse’s) place of residence. The claimant is exempt from court fees. If the court grants the claim, the respondent will pay the court fee. Should the divorced spouse remarry, their right to maintenance ceases.
• In a situation where a mother with a minor child finds herself in financial hardship due to the husband and father of the child failing to contribute to their maintenance and the running of the household, she may exercise her right to apply for social welfare benefits provided on the grounds of social need. The application is submitted to the relevant social services department at the local authority (the Department of Social Affairs and Health at Příbram Town Hall).

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