Publication details
Střídavá péče a krize v rodině
| Title in English | Alternating child custody |
|---|---|
| Authors | |
| Year of publication | 2023 |
| MU Faculty or unit | |
| Citation | |
| Description | Statistics show that in the last 10 years, there has been a significant increase in cases where a minor child is entrusted to the alternate care of his or her parents. This is mainly a consequence of the decision-making practice of the Czech Constitutional Court, which emphasises the priority of alternate care and its importance for respecting the rights of both parents and the child. At the same time, data from foreign research shows that the positives outweigh the negatives of such a child custody arrangement. The literature identifies several risk factors which, according to decision-making practice, do not prevent alternate custody but reduce the likelihood of a court decision leading to such a custody arrangement or increase the level of burden on minor children. These factors are primarily parental conflict, the socioeconomic status of the parents, the distance of their residences, and the age of the minors. The Constitutional Court has repeatedly ruled that these factors cannot lead to a blanket rejection of alternate care and requires that any setting of a different form of custody be carefully justified. In my contribution, I will analyse what tools Czech law currently offers to mitigate the individual risk factors mentioned above. |