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Right to contact with the child

It is the right of any child to know both parents and to maintain contact with them. At the same time, it the duty and right of parents to maintain personal contact with the child. In the cases when one of the parents prevents the other one from a contact with the child, it is possible to take a legal action and seek the contact. Most frequently, ensuring the contact with the child who resides in a country different from the country where their parent lives is resolved through an enforcement of a foreign judgment or through legal instruments provided by international law. This section offers information on the possibilities of the contact with the child and ways how to obtain such contact.

What is the right to contact?

The right to contact with the child is the right of the parent or any other person to maintain contact with the child. This contact may take place in the form of visits, a child’s stay with the parent or also indirectly through modern means of communication, such as e-mail, telephone or Skype. It is the duty of the parent to whom the custody has been granted to prepare the child for the contact and to cooperate with the other parent.

This right also includes the right to be informed about the child (about their health and psychological condition, school results, interests, etc.). This information should be provided by the parent to whom the custody has been granted to the other parent on a regular basis.

Judicial decision on the right to contact

In the Czech Republic, it is not necessary to have a judicial decision on the right to contact provided that the parents have made an agreement on the contact with the child. The court may issue a decision in the cases of disagreement.

If the child is in the Czech Republic, the proceeding may be initiated in the place of the child’s residence, not being subject to court fees. It is not necessary to be represented by an attorney. When drafting the petition, apart from an attorney, you may also use the free-of-charge assistance of the local office for the social and legal protection of children (the competent municipal authority), the court’s departments of guardianship or legal counselling centres.

In the case that the child resides abroad, the court’s jurisdiction is to be determined according to the child’s habitual residence. In such cases, the Office may advise you how to proceed.

How do I establish contact with the child abroad?

If you wish to establish contact with a child who resides abroad, please send the Office the documents (ordinary uncertified copies) that you have available. These include, in particular, the decision on the right of access to children or custody of the children, if it was issued, and a brief description of the situation (where the child resides, who has the custody of the child, when the last contact took place, etc.).

Subsequently, you will receive the instructions how to draft documents necessary to seek the right to contact abroad. Please be advised that every case is individual and every country applies different conditions.



Office for International Legal Protection of Children

Silingrovo namesti 3/4
602 00 Brno, Czech Republic

tel.: 00420 542 215 522

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Wed9:00 - 17:00

Other hours for individual consultations can be arranged with prior telephone agreement with competent lawyer.

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