Divorces in Czechia to be simpler and cheaper – critics say children could bear the brunt
Amendments to the Civil Code, effective as of this year, should open the way to fast-track divorces. The courts will no longer be required to determine who was at fault for the breakdown of the marriage and agreement on custody rights should speed up the process further. Critics say children could bear the brunt.
Roughly 40 percent of marriages in Czechia end in divorce and under the old legislation, during which the courts were required to determine who was at fault for the breakdown of the marriage, the proceedings could turn incredibly messy and last for months and even years. Drawn-out custody battles involving underage children often made the process even worse.
Newly-made changes to the Civil Code aim to simplify and shorten divorces. Instead of two separate proceedings (first child custody rights, then divorce), both matters will now be dealt with in a single combined proceeding.
The courts will no longer be required to determine who was at fault for the breakdown of the marriage and agreement on custody rights will speed up the process further.
“When our marriage broke down, we fought over custody rights for a long time. It was really difficult for me to accept that our son would have to be alternating care, constantly going from one parent to the other,” a Prague mother, who asked to remain anonymous, told Czech Radio.
After lengthy court battles, which cost both time and money, she and her former husband eventually agreed on joint custody and their son now spends one week with his mother and one week with his father.
The latest amendment to the Civil Code abolishes distinctions between different types of childcare arrangements. Labels such as “sole”. “joint” or “alternating” care are no longer used. The law no longer distinguishes between the so-called “resident” parent, who has the child in their care, and the “non-resident” parent, who has only the right of contact with the child. The child remains in the care of both parents, and the scope is determined by the court according to the agreement reached or the circumstances of the given case.
This opens the way to a fast-track divorce for parents able to reach agreement on custody rights ahead of the court proceedings - saving time, money and nerves.
However, critics of the amendment argue that while the new law may suit the divorcing parties, it may put some children at risk. The government’s commissioner for human rights Taťána Malá from the ANO party, says this must be rectified.
“The stumbling block is that the deal reached by parents for a fast-track divorce may not take into account past domestic violence that may have occurred in the family and therefore fails to protect children adequately. In my view, this change is not helpful either for the parents or the children involved.”
The amendment also establishes the inadmissibility of corporal punishment of children, but introduces no penalties for breaking the law.
