AKMV Rights and obligations of parents when handing over children to the other parent
QUESTION
I would like to ask about the following:
When should my ex contact me to say he wants to take the children? I mean, how far in advance – the timeframe? Because I have my own schedule too, I go on vacation, and if I don’t know when he wants to take the children, I can’t plan anything. He claims that 24 hours in advance is enough. Is that true? Is this timeframe stated somewhere? I am requesting at least 7 days in advance.
If the children go to my ex, they should be prepared. I.e., I tell them beforehand that they are going to their father’s for the weekend. And when he is supposed to arrive, they wait for him at the set time. Am I obliged to pack the children’s things – i.e., clothes – from underwear, socks, T-shirts, pajamas, sweatpants… toys, if they go to him? Am I obliged, if they go to him for a longer period – i.e., during the holidays – to pack a suitcase with things so they have something to wear at his place? Because he is not willing to buy them any clothes to keep at his house. And even when I do pack their things, they come back torn.
If he wants to take them on vacation, should he ask for permission, or rather my consent, whether he may take them outside the city of permanent residence? In case I do not give it to him and he takes them anyway without my consent, what then?
Increase in child support… My daughter is starting the 2nd stage of primary school in September; my son will not be in the 2nd stage until next year. Can I request an increase only next year, with the intent to ask for “backdated” payment for my daughter since she will have been in the 2nd stage since 2019? Or is it better to request an increase for my daughter this year and for my son next year?
ANSWER:
It is not clear from your question whether the rights and obligations regarding the minor children have been established in a court decision. If a court has decided on the arrangement of rights and obligations, it is necessary to proceed based on the legally binding judgment. In practice, this judgment usually specifies exactly when the parent who was not granted custody should pick up the children, where, and when they must subsequently be returned to the other parent (e.g., every even weekend, picking up the child at the place of permanent residence on Friday at 3:00 PM and returning them to the place of permanent residence on Sunday at 5:00 PM, and so on).
If the rights and obligations have not been settled by a court, they are based on the agreement of the parents. If an agreement is not possible, a petition can be filed with the court to regulate the rights and obligations toward the minor children.
The law does not explicitly state exactly how children should be prepared for a visit to the parent who does not have personal custody. Unless such a specification is included in the court decision, the details are subject to the parents’ agreement.
During the time the father is allowed contact with the minors (according to the court decision or parental agreement), the father may take the children on vacations and trips outside the place of permanent residence without the mother’s consent. He is, however, obliged to inform the mother.
A petition to change the amount of child support can be filed if there has been a change in circumstances. Child support for minors can only be granted retroactively in cases worthy of special consideration; therefore, we recommend filing the petition for an increase immediately after the change in circumstances occurs.
JUDr. Veronika Michalíková, MBA