Children of Europe - střídavá péče o dítě

Situation in Czech

Present situation
 

The amendment of the family law No.94/1963 Sb. issued on 1.8. 1998 (No.91/1998Sb.) brought a change in the possibilities of child custody. Since this date along the possibility of joint or shared custody is available.

The law No.91/1998 says:
§ 26 " ...in case both parents are capable to care for the child and are interested in the child care, the court can entrust the child to the shared care or eventually to he joint custody, if it is in the interest of the child and the needs of the child will be better supplied."

Although the law on shared custody has been valid from the year 1998 in Czech republic, the number of parents choosing this option following separation is increasing very slowly. This concept is not as popular as in other European countries.

According to the statistics of Ministry of justice of Czech republic, the situation in Czech republic is developing a little bit:

Where to surch the mistake?
 

Is the porblem in the law itself or in the comment to the law or in the practical execution of the law?

The reason - as we see it - is a fact that courts implicated a condition into the decision making process which says: both parents have to agree with the shared or joint custody.
Who has the final decision about the shared custody ? According to the study published on Babynet.cz (unfortunately only in Czech) we can see that the .....

The court of course!! 

It is a condition, which was made by the courts of Czech republic. And what we see as a very dangerous is that this situation does not guarantee the equality of both parents.

The other part of the problem are also:
the social conditions, the cultural pressure and the old habits, which are still bringing the society to the settlement of children living with mother.

And at last the formulation of the law (as above) is not giving the chance of priority for shared custody.

We have to consider that, time is not waiting for us, thus the sooner we have the new law the better for out children.
Otherwise we will face the generation of children brought up without fathers in the near future.



Legislative initiative of Czech Republic senate

It is also necessary to remind that the legal initiative of Czech Republic senate, in the year 1998,  suggested the shared custody as a priority for after divorce arrangement.
This had to influence the situation in Czech republic in terms of achieving  a parental equality with the main focus on the shared custody, as it is mentioned in the European Constitution.
But the chamber of representatives of Czech republic Parliament approved the law as a possibility for parents only - not as a priority as the Senate suggested.

Legal initiative
there is a initiative for the law amendment in the Czech republic at the moment. The proposal for Family law change is very simple but as we belive very powerfull. The word can  "....the court can entrust the child to the shared care ...."  will be changed into a word will.


The International Convention of Children’s Rights is part of Czech constitution (No.104/1991 Sb.), but it is not executed due to the situation described above. The Convention guarantees a child the right for both parents, the article 3 determinates:

"The prioriry of the best interest of the child should be the major point of view in any decision concerning children. …"

International convention of children’s rights became a part of Czech constitution, which is the reason why the Czech republic was prosecuted at the European Court for human rights. To date, the Czech Republic has only one conviction, but the situation is developing in a way which will lead to a damaged reputation once again.

The situation is deteriorating because the state is not able to protect the rights, which are in the Constitution.


Can we expect some change?

Mr. JUDr. Jaromír Jirsa , Judges Union chairman, in interview for Czech TV 2, 28.1. 2008 said: "The shared custody is our future"
And also Mr. JUDr Jaromír Jirsa: "I can imagine confirming the shared custody, without the agreement of both parents" in the interview 2.3. 2005
Under his recommendation the parents should change over in a months not in weeks, month is an optimum period, he says. According to his view, it should not be a problem to share children within a country. One parent living in another country, should also not cause a problem. "Where is a will there is a way" says Mr. Jaromír Jirsa.
"I can imagine shared custody between Czech republic and Germany, sharing the Czech and Germane schools can bring many benefits. But the psychic of the child should also be considered."


A supplicant supporting the shared custody

The supplicant supporting the shared custody, was issued in Prague on 17.5. 2007,  taking into account that year 2007 was a year of  "Equal chances for all" declared by European Union.

The supplicant was delivered to:
Vladimír Špidla, commissary of the European union for the equal chances in Czech republic
Džamila Stehlíková, ministress of government ČR for the human rights
Jiří Pospíšil, ministry of justice
Petr Nečas, ministry of work and social affairs
Jaromír Jirsa, president of Judges union
Senate of Czech republic
Chamber of representatives of Czech Parliament

We are quoting from the supplicant:
“Every year in the Czech republic approximately 30 000 children are confronted with the divorce of their parents. These children are loosing the possibility to be brought up and educated by their father. Almost absolute feminist after divorce concept is negative not only for the children’s lives but also for the society.”



The Czech Republic ratifies the Convention on Contact concerning Children (27.09.2004)
Strasbourg, 27.09.2004 – Ambassador Vlasta STEPOVA, Permanent Representative of the Czech Republic to the Council of Europe, at this day handed to Maud de BOER-BUQUICCHIO the instrument of ratification of the Convention on Contact concerning Children.
Chart of signatures and ratifications