In its award I. ÚS 2996/17 of 29 May 2018, the Constitutional Court solves the situation when the parent who has custody of the child moves far from their original place of residence. The other parent who has no say in that situation is thereby pushed into a weaker position, not only in terms of the associated financial costs but also in terms of the time required for traveling.
Based on the award of the Constitutional Court, general courts must reflect such situation in their decisions on visitation or maintenance obligations.
Based on this new case law, expenses incurred in traveling long distances should be borne equally by both parents, or visitation to the child should be regulated in such way that the parent who has custody of the child must hand the child for visits at the other parent’s place of residence. The child should be than handed back at the place of residence of the parent who has custody of the child. This way, visitation to the child can be balanced and the burden is not placed on one of the parents only.
The law office can get you legal assistance also in the matters of family law. Should you need anything, please do not hesitate to contact us.
Mgr. Markéta Chovancová, Lawyer Clerk
AK Pajerová s.r.o.
28 August 2018