What rights does a parent have during a divorce?

A parent who plans to divorce has the right to file a petition for divorce with the court under § 93 of Act No. 161/2015 Coll. on the Civil Non-Dispute Procedure (hereinafter referred to as the “CNP”). For the court to grant the petition, the content must prove that “the relationship between the spouses is so seriously disrupted and permanently broken that the marriage can no longer fulfill its purpose, and it cannot be expected that the spouses will resume marital cohabitation (§ 23(1) of Act No. 36/2005 Coll. on the Family, hereinafter referred to as the ‘Family Act’).”

See also: Divorce and child support amount chart.

The court should only grant a divorce in justified cases (§ 22 of the Family Act).

In divorce proceedings involving parents, the court simultaneously determines the exercise of their parental rights toward their minor children after the divorce (§ 24(1) of the Family Act). Regarding custody, both parents have the right to propose the type of custody arrangement they consider most appropriate. However, it should be noted that when deciding on custody, the court primarily considers the best interests of the child, not the preferences or convenience of the parents.

The Family Act also allows parents to conclude a so-called parental agreement, in which they agree on their parental rights and duties regarding the child after the divorce. However, for these rights and obligations to be enforceable (i.e., legally binding and enforceable through the courts), the agreement must be approved by the court (§ 24(4) of the Family Act).

Even if the child is placed in the personal care of only one parent, the court ensures that the other parent has the right to regularly receive information about the child (§ 24(6) of the Family Act).

Before the court issues a divorce decree, the parents have the right to mutually agree on visitation arrangements for the minor child (§ 25(1) of the Family Act). If they do not use this right, “the court shall determine the visitation arrangements in the divorce decision; this does not apply if the parents request not to regulate visitation (§ 25(2) of the Family Act).”