Facilitating the Exercise of Access Rights

Non-custodial parents have only limited influence over their childrens' upbringing.  In such cases the exercise of their parental responsibility is guaranteed by granting them access rights to their children.

Contact between the child and non-custodial parent may be maintained directly by visiting the child or being visited by the child; or indirectly by telephone communication or any other form of electronic communication (e. g. e-mail, ICQ, Skype etc.).

The rights of access also include the right of the non-custodial parent to receive information about the child from the custodial parent.

Person (a parent but also a grandparent or a sibling) may exercise access rights based on provision of law, court order or valid agreement.

Should a parent fail to comply with a court order or court approved agreement regulating access rights, it is possible to enforce such order or agreement.

Consequently, the child may have to be taken from one parent to another with the assistance of a court employee, social worker, bailiff or even a police officer. Given the traumatizing effect such experience may have on a child, the authorities involved always act as an intermediary and encourage the parents to settle their dispute amicably.

Custodial parents living in the Czech Republic may face the following sanctions in case they prevent the non-custodial parent from contact with the child.

Besides the extreme (and therefore limited) measures mentioned above, a court may impose a fine on a parent who does not comply with the court order or an agreement. The maximum amount per fine is 50,000. – CZK and it may be imposed repeatedly.

Parties to a dispute may also be compelled by the court to participate in out-of-court conciliation or family mediation, and family therapy (maximum length being 3 months).

Moreover, based on the § 27 subparagraph 2 of the Family Code (Act No. 94/1963 Coll.), unjustified and repeated denial of access rights qualifies as a change of circumstances which authorizes court to render new decision related to the upbringing of the child.