Family law

Parliamentary Print No. 728, also known as the ‘major amendment to the Civil Code’, was successfully passed by the Chamber of Deputies on 28 May and is currently before the Senate. We can therefore expect it to be adopted, most likely with effect from 1 January 2026. The bill aims to significantly modernise family law, both in the area of divorce proceedings and child custody. Faster and cheaper divorces by mutual consent, a ban on physical punishment and the abolition of alternating custody – the amendment follows the spirit of all these changes. The current rather limiting regulation is intended to provide more flexibility. It is based on the idea that family life should not be conformed to prescribed rules; on the contrary, it is the legal regulation that should take into account the diversity of family relationships. According to the explanatory memorandum, the main objectives are to reduce the administrative burden, promote mutual agreement between spouses and ensure better care for children.

In a recent ruling, the Constitutional Court clearly stated the obligation of the general courts to take into account the views of children approaching adulthood when deciding on their lives and, if certain conditions are met, to consider those views as a fundamental guide in seeking the best interests of the child.

According to the Constitutional Court, shared custody of a minor child by both parents is generally an appropriate solution in terms of unavoidable interference with the constitutionally guaranteed rights of parents and their minor children.

In its judgment of 8 September 2021, file no. I. ÚS 1081/20, Constitutional Court resolved a complaint concerning the determination of contact of grandparents with a minor child.