When addressing custody matters and the disputes that may arise, numerous arguments are typically brought into play. As a foreign parent in a binational couple, uncertainties about your rights and your ability to be an equal parent may arise. The following information aims to help you understand that parenthood transcends language barriers and geographical locations.
I want shared custody, being an equal parent, but I do not live in the Czech Republic. Am I excluded?
No, you are not excluded. While distance may play a role in the decision or agreement, it is not a rigid requirement that shared custody must be within the territory of the Czech Republic. In cases where locations are close to borders, solutions can be easily found, such as the children staying in the same school. The decision will depend on factors like the specific location, the age of the children, their ties (school, after-school activities, extended family), and the switching interval. The Court often takes schooling seriously, especially in the early grades. In other cases, a form of homeschooling may be agreed upon, allowing longer distances to be overcome.
The other parent requires me to bear all the travel costs and pick up the child every time. Is she entitled to it?
Generally speaking, no. According to the case law of the Constitutional Court, travel costs should be shared equally or proportionally, depending on the particular situation of the family.
I do not speak the language; the other party argues that I am not ready to help my kids with homework?
There is no requirement that a parent must speak Czech. If your child is struggling with the language, it is suggested to consider hiring someone to assist when needed.
I want to visit the kid’s grandparents abroad, but the other parent refuses to approve it.
If no agreement is possible, you can turn to the Court to obtain a decision approving the visit. It is advisable to file the claim at least 3 months ahead to allow the Court sufficient time to decide. When traveling abroad, it is recommended to inform the other parent about the length and place of the stay. Written approval from the parent is also recommended.
Is the maintenance calculated in Czech Crowns or the currency of my salary?
It should always be in the currency of your salary unless agreed differently with the other parent.
International custody questions can be specific, but the overarching principle remains the same no matter where you live – make decisions primarily in the best interest of the child. If you need guidance in this field to find the best solution for you and your child, do not hesitate to contact us at info@expatlaw.cz.