Obligation to Inform the Other Parent – Rights and Responsibilities

In principle, every parent of a child (regardless of whether the parents are divorced or married, whether they live together as common-law partners, or do not live together) possesses parental rights and duties by law (Article 4 of the Family Act). These include the right to be informed about their child. A parent can be deprived of or restricted in their parental rights only on the basis of a court decision (Sections 38, 39 of the Family Act). The fact that a judgment on divorce and the regulation of parental rights and duties toward minor children (or eventually an interim measure) entrusted the child to the personal care of one of the parents does not mean that the other parent has lost their parental rights. The only exception is if there were a valid legal decision on the deprivation/restriction of parental rights to this extent.

Therefore, we are of the opinion that the other parent should be informed about their child if they show interest in their (medical/psychological state/school results…).

In conclusion, we state that a parent to whom information was not provided by the custodial parent (to whom the child was entrusted for care) could seek information against the other parent even through a court (Section 24, Paragraph 4 of the Family Act).

Art. 4 of the Family Act: “Parental rights and duties belong to both parents.”

Section 25, Paragraph 4 of the Family Act: “When deciding on the entrustment of a minor child to the personal care of one of the parents, the court shall attend to the right of that parent, to whom the minor child will not be entrusted for personal care, to be regularly informed about the minor child. The parent to whom the minor child was not entrusted for personal care may seek the right to be regularly informed about the minor child in court.”

Section 35 Court Decisions in Case of Disagreement Between Parents: “If the parents do not agree on essential matters related to the exercise of parental rights and duties, especially on moving a minor child abroad, on the management of the minor child’s property, on the citizenship of the minor child, on granting consent for the provision of health care, and on preparation for a future profession, the court shall decide upon the motion of either parent.”

The list of “essential” matters is not exhaustive. In principle, this means that in cases where one of the parents represents the child in ordinary matters, the expression of the other parent is not necessary. However, if it concerns an essential matter, it is necessary to ask the other parent whether they agree with the action of the representing parent. Should the other parent express disagreement, the conditions for the procedure according to Section 35 of the Act would be met. (R 17/1968)

Section 38 Interventions into Parental Rights and Duties “(1) If a serious obstacle prevents either parent from exercising their parental rights and duties and if it is in the interest of the minor child, the court may suspend the exercise of parental rights and duties. (2) If it is necessary in the interest of the minor child, the court shall restrict the parents’ exercise of their parental rights if:

• they live a permanently disorganized way of life

• they do not perform their duties arising from parental rights and duties at all, or

• they do not ensure the upbringing of the minor child (3) In a decision on the restriction of the exercise of parental rights according to paragraph 2, the court shall state the scope of rights and duties to which the restriction applies. (4) If a parent abuses their parental rights and duties, especially by maltreatment, abuse, neglect of the minor child, or other ill-treatment of the minor child, or if they seriously neglect the exercise of parental rights and duties despite previous warnings, the court shall deprive the parent of the exercise of parental rights.”

Section 39 “(1) If the court has decided on the restriction or deprivation of the exercise of parental rights and duties, or on the suspension of their exercise only in relation to one of the parents, the other parent shall exercise the parental rights and duties in full. (2) If neither parent can exercise parental rights and duties, or if the court has decided according to Section 38, Paragraph 1 or 4 in relation to the only living parent, it shall appoint a guardian for the minor child in its decision. (3) If the court has decided on the restriction of the exercise of parental rights and duties in relation to both parents or the only living parent, it shall appoint a trustee for the minor child in its decision according to Section 60. (4) The parents’ maintenance obligation toward the minor child does not expire by a court decision on the restriction or deprivation of the exercise of parental rights and duties, or on the suspension of their exercise.”

Duties of a father after divorce The divorce of spouses does not deprive them of their parental rights and duties toward their minor children. Despite the dissolution of the marriage, it still holds that “both parents have parental rights and duties. In their exercise, they are obliged to protect the interests of the minor child (Section 28, Paragraph 2 of the Family Act, hereinafter ‘FA’).” According to Section 28, Paragraph 1 of the FA, “The components of parental rights and duties are, in particular: a) continuous and consistent care for the upbringing, health, nutrition, and versatile development of the minor child, b) representation of the minor child, c) management of the minor child’s property.”

As part of the divorce decision, the court also addresses the issue of the regulation (i.e., optimal setup) of parental rights and duties for the period after divorce. The court may intervene in the individual rights of parents toward their child and regulate their exercise (e.g., entrust the minor into the personal care of the mother and order the father to pay maintenance in a certain amount) always depending on the individual circumstances of the case and taking into account the best interest of the child.

Rights and duties of parents toward their children The legal basis for parental rights and duties can be found regulated in Section 28 et seq. of Act No. 36/2005 Coll., the Family Act (hereinafter “FA”). Most of these rights and duties (e.g., representation of the child, management of its property, care for its maintenance) belong to the parents until the moment their child reaches the age of majority (the Family Act, for example, explicitly mentions “representation of a minor child” or “management of the property of a minor child” among parental rights and duties). Conversely, the maintenance obligation is not limited by the child’s age, but only by its ability to support itself (Section 62, Paragraph 1 FA).

Changing school without the consent of the other parent A change of the school a minor child attends is undoubtedly an important event in the child’s life, which will significantly mark their future life. Therefore, in principle, both parents should decide on such a change.

According to Section 35 of the Family Act: “If the parents do not agree on essential matters related to the exercise of parental rights and duties, especially on moving a minor child abroad, on the management of the minor child’s property, on the citizenship of the minor child, on granting consent for the provision of health care, and on preparation for a future profession, the court shall decide upon the motion of either parent.”

Although a change of school is not listed in the cited provision among the various examples of essential matters in the life of a minor for which it is required that both parents decide, from the particle “especially” it can be derived that the list of essential matters is by no means final and does not exclude the inclusion of other important changes in this category.

Hello,

We primarily draw your attention to the provision of Section 24, Paragraph 6 of Act No. 36/2005 Coll., the Family Act (hereinafter “FA”), according to which: “When deciding on the entrustment of a minor child to the personal care of one of the parents, the court shall attend to the right of that parent, to whom the minor child will not be entrusted for personal care, to be regularly informed about the minor child. The parent to whom the minor child was not entrusted for personal care may seek the right to be regularly informed about the minor child in court.”

In connection with the cited provision, it is appropriate to state the following.

Section 24, Paragraph 6 of the FA concerns a situation where a minor child has been entrusted by a court decision to the exclusive personal care of one of the parents. However, we maintain that the right to be informed about all matters regarding the child (e.g., about their health problems, medications, school attendance, interest activities, temporary change of the child’s residence or camps, etc.) is an essential component of the set of parental rights and duties belonging to both parents even in the period after divorce (or if the spouses are still “together” but live separately) and regardless of which parent provides personal care to the child. Personal care performed by only one of the parents changes nothing regarding the fact that the other parent is still the legal representative of the minor and has the same right to participate in their upbringing (Section 28, Paragraph 1 FA).

In your case, there is the possibility of turning to the court to impose an explicit obligation on the so-called preferential parent to inform the parent to whom the minor child was not entrusted for personal care about all essential matters concerning the minor. The law does not explicitly require the submission of a formal [named] motion to impose an information obligation; it is sufficient if you address an action to the court from whose content it will clearly follow that you are seeking the right to be regularly informed about the minor.

However, given that your son will reach the age of 18 in October, the provision of Section 24, Paragraph 6 of the FA will no longer be applicable, as it concerns only “regularly informing oneself about a minor child.” Upon reaching the eighteenth year of life, a natural person becomes an adult, i.e., capable of legal acts to the full extent (Section 8, Paragraph 1 of the Civil Code). From the acquisition of adulthood, it generally holds that the person does not need a legal representative, and no one needs to approve their actions. If you are interested in the life of your adult child, you should turn directly to him – his mother has no legal option to deny him any contact with you. In case of interest in legal services in the field of (not only) family law, you can contact us at recepcia@akmv.sk.

Hello,

The parents of a minor child are entitled (and obliged) to exercise their parental rights and duties even after a divorce. For this purpose, Act No. 36/2005 Coll., the Family Act (hereinafter “FA”), in Section 24, Paragraph 6, explicitly states that: “When deciding on the entrustment of a minor child to the personal care of one of the parents, the court shall attend to the right of that parent, to whom the minor child will not be entrusted for personal care, to be regularly informed about the minor child. The parent to whom the minor child was not entrusted for personal care may seek the right to be regularly informed about the minor child in court.”

The law explicitly grants the right to information about a minor child to the parent to whom the child was not entrusted for personal care, so that they too can participate in its upbringing, education, and the provision of its needs. In such a case, the entitled parent has the right to know especially about all essential matters occurring in the life of their child, i.e., particularly about its state of health (doctor’s visits, new and past illnesses, allergies, treatment, use of medication), school activities (school performance, attendance), interest activities, but also about any change of residence, even if short-term or temporary (vacations, trips, outdoor school, camps), etc.