The role of the Office in proceedings for the establishment and denial of paternity

Where the establishment or denial of paternity with an international element is dealt with in the Czech Republic through the courts, the Office is usually appointed as the guardian of the child in such proceedings.

This is because the child cannot be represented by the parent as legal representative due to a possible conflict of interests.

What in particular is the task of the guardian?

  • to represent the child in proceedings (to file motions, appeals, to comment on the actions of the parents)
  • to present the wishes and views of the child
  • to defend the child's interest in the proceedings (which may not be the same as the parents' interests and in some cases not even the child's expressed wishes)

How does our office work as a guardian?

As a rule, we try (alone or in cooperation with the local child welfare authority) to:

  • cooperate with both parents and seek their views (face-to-face meetings, online interviews)
  • cooperate with the child (if appropriate and possible), inform the child appropriately about the court proceedings
  • ascertain the child's situation at home
  • explain the possible implications of the judgment in another country (e.g. where the child will be commuting regularly)