Our office specializes in the specific field of international child abductions, a category often distinct in its civil nature without necessarily involving any criminal elements. The abductions are typically comitted by one of the parents. The abductions are mainly governed by the Hague Convention on the Civil Aspects of International Child Abduction, in EU countries supplemented by EU Regulation Brussels II ter and of course national legislation. Even from this perspective it is clear that the situation is very complex, let’s answer at least some main questions.
What to do if your partner or anyone else abducts a minor child to the Czech Republic?
In such a situation, you have several courses of action. You can involve your national central authority, directly contact the Czech Central Authority, or seek assistance from an experienced attorney to initiate legal proceedings. Our experience suggests that timely involvement of an attorney is crucial for a swift resolution. If an amicable solution is possible, it can be concluded at any stage of the procedure.
What needs to be proven?
To classify an act as abduction, three essential elements must be proven:
The left-behind parent had custody rights at the time of the abduction.
These rights were actively exercised.
The child had habitual residency in the state of origin.
Which court will decide?
In the Czech Republic, a specialized judge in Brno handles these cases, with appeals directed to the District Court in Brno.
How long is the court procedure in abduction cases?
The court ensures a speedy process, with a hearing scheduled within three weeks of the application's delivery and a judgment rendered within six weeks from the procedure's initiation.
Can the decision be enforced and how?
The final decision is enforceable, but given the complexity of the situation, our emphasis lies on seeking amicable solutions. If amicable solutions fail, the court may impose fines, and in extreme cases, it could lead to the removal of the children.
In our office, we have extensive experience in family law, even in challenging cases like international child abductions. We are prepared to offer you high quality legal services with emotional support and understanding. If your family is facing a difficult situation, please don't hesitate to contact us at info@expatlaw.cz.