New regulation on child care from 2025: What will the change in the Civil Code bring?
Author of the article: Mgr. endula Růžková, LL.M., MBA, ARROWS
Effective January 1, 2025, the amendment to the Civil Code will bring significant changes to the way the state approaches child care in family law disputes. This legal regulation eliminates the current division between forms of child care and introduces a unified concept of parental responsibility. The main goal is to support the equal responsibility of both parents and ensure that the child can enjoy the widest possible contact with both the mother and the father, even after the parents’ divorce or separation.
End of the division into alternating, shared, and sole custody
The amendment to the Civil Code abolishes the traditional distinction between alternating, shared, and sole custody of a child. Until now, courts decided which parent would gain custody of the child, and this parent was then referred to as the “residential parent,” while the other parent had only visitation rights. This approach often led to conflicts between parents vying for the largest share of custody.
The new regulation fundamentally changes this system. Both parents will now be regarded as equally caring, regardless of how custody time will be divided. Each parent will thus have the right and duty to participate in the child’s upbringing, while the court will only determine the schedule for how much time the child spends with each parent. This system aims not only to reduce conflict between parents but also to ensure that the child can build a relationship with both parents without restrictions.
Maintaining the child’s contact with both parents
The amendment places great emphasis on the child having the widest possible contact with both parents. A divorce or separation of parents should not be a reason to marginalize one parent in the child’s life. When determining the custody schedule, courts will prioritize the best interests of the child and will strive to ensure that contact with both parents is as balanced as possible, provided the specific circumstances allow for it.
This approach is a significant step toward modern family law, which recognizes that both parents’ roles are important for the child. Equal care contributes to the child’s emotional stability, which is crucial for healthy development.
Support for agreements between parents
One of the main objectives of the amendment is to promote amicable solutions and motivate parents to reach an agreement on child custody. Court proceedings are designed to encourage parents to agree, which can help reduce stress for all involved, including the children.
According to the new regulation, a parent submitting a proposal for a change in child custody will be required to provide the court with documentation of whether and how they communicated with the other parent regarding custody. This step aims to eliminate situations where parents submit proposals unilaterally without attempting mutual agreement. Courts will thus be better positioned to assess whether the proposal is genuinely in the best interest of the child or merely a response to personal conflict between parents.
Ordering less formal court hearings
Part of the new regulation is also an effort for greater flexibility in courts’ approach to individual cases. Courts will be able to order less formal hearings that can take place outside the courtroom and that will be tailored to the child’s needs. These hearings can occur in a more welcoming environment, which will help prevent the child from being traumatized by the process itself. This step aims to provide space for more open communication between parents and the child, ensuring that the child has the opportunity to express their opinion about their future freely.
What does the amendment mean for parents?
The amendment to the Civil Code offers parents a greater degree of legal certainty and the ability to participate equally in the upbringing of the child, even in the event of a divorce. The new approach to custody means that parents will have equal standing concerning the child, which should help reduce conflicts and improve cooperation among divorced parents. For parents who cannot agree, the amendment ensures that courts will have the space for a comprehensive assessment of each case and that decisions will be made in the best interest of the child.
Conclusion
The new child care regulation, which will take effect in 2025, is a significant step toward modern and fair family law. The abolition of the distinction between alternating, shared, and sole custody, the promotion of equal participation of both parents in upbringing, and a flexible approach by the courts will contribute to ensuring that the child custody process after divorce is conducted in the best interest of the child. This approach, which emphasizes respect for the rights and needs of the child, brings hope for harmonious relationships between parents and a stable, healthy environment for children even after their parents' divorce.