Child Custody

On this website you will only find current information according to the divorce amendment valid from January 1, 2026.

Legal Aspects of Child Custody in Divorce for Foreigners in the Czech Republic

Divorce and custody disputes can be complicated, especially for foreigners living in the Czech Republic. In this article, we will explore the legal aspects of child custody after divorce or separation between two foreigners or a foreigner and a Czech citizen in the Czech Republic.

When Will Czech Courts Decide and When Will Foreign Courts Decide?

In general, Czech courts will make decisions regarding custody if the child has habitual residence in the Czech Republic. Habitual residence refers to the place where the child is integrated into family and social life, which is different from permanent residence, which is purely administrative.

In exceptional cases, the Czech court may have jurisdiction if the following conditions are met:

The child has a special connection to the Czech Republic (e.g. the child is a Czech citizen, has had habitual residence in the Czech Republic in the past, or one of the parents has habitual residence in the Czech Republic).
The foreign court believes that the Czech court is better able to assess the best interests of the child.
The Czech court agrees to take the case.

Czech courts may also have jurisdiction if the parents agree in writing or during the proceedings to allow the Czech court to decide on custody, and if the following conditions are met:

The child has a strong connection to the Czech Republic (e.g. the child is a Czech citizen, has had habitual residence in the Czech Republic in the past, or one of the parents has habitual residence in the Czech Republic).
It is in the best interests of the child.

When Will Czech Law Be Applied and When Will Foreign Law Be Applied?

Czech law will apply to custody issues if the child has habitual residence in the Czech Republic, unless it is an exceptional case (e.g. due to refugee status), in which case the law of the country where the child resides will apply.

Before a divorce, a court decision is always required on child custody. However, such a court decision can be changed after the divorce, if something changes in the life of one of the parents or the child.

Only minor children are entrusted to the parents for custody. Children who have turned eighteen are considered adults who can take care of themselves and do not need to be in the care of their parents.

Only the court decides on child custody. It either decides on its own or approves your agreement on child custody. The court always decides primarily in the best interests of the child.

Option when you are able to agree on custody:

If you agree on this, the court decides that the child remains in the care of both parents, without determining the extent of care for the child by each of you. The specific arrangement of when, who, what and how will do when exercising child custody remains solely up to you.

Part of the agreement approved by the court must also be an agreement on how who will pay for the child’s living expenses. If one of you will pay the other child support (especially how much) and the other will pay everything or almost everything, or if each of you will pay something and together they will safely cover the child’s expenses.

However, it may happen that you only agree on care and not on child support (or vice versa). In such a case, you will only file a motion with the court to approve the child support agreement and ask the court to determine the amount of child support.
When making its decision, the court will ensure that your agreement is not in conflict with the interests of the children. If it is in conflict with their interests, the court will not approve the agreement and will decide differently.

Option if you are unable to agree on care:

If you cannot agree, the court will determine the extent of each of you’s child support, taking into account the interests of the child. The court will therefore determine when each of you will care for the child and how each of you should contribute to the child’s maintenance.
The court decides so that its decision corresponds to the best interests of the child.

If it is necessary in the best interests of the child, the court can determine the conditions of the parent’s care for the child. For example, it can determine the place where the parent may or may not care for the child (e.g. a specific house or apartment), but it can also determine which people may or may not be present during the care of the children (e.g. certain family members).

Choosing a Specialized Divorce Lawyer

Given the complexity of these issues, it is important to choose a specialized divorce lawyer who can help navigate the legal system in the Czech Republic. Mgr. Jan Kubica is an experienced divorce lawyer based in Prague who speaks English and can assist with child custody issues. Contact him at Telephone: 00420 730 570 578, E-mail: info@ak-kubica.cz, Address: Vinohradska 22, 120 00 Praha 2, web: ak-kubica.cz. Choose a lawyer who can help protect your rights and the best interests of your child.

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