Andrea Šťástková for EPRAVO.CZ Magazine on the limits of formalism in the care of minors

Recent months have brought several Constitutional Court decisions that concern different procedural situations but are united by a common principle: decisions on child custody must not be mechanical, formalistic, or made “by intuition.” They must be sufficiently reasoned, reviewable, and consistent with the best interests of the child. Our attorney Andrea Šťástková addresses this issue in the latest issue of EPRAVO.CZ Magazine.

In her article, she analyzes three court rulings, each approaching the issue from a different perspective. The first concerns a fine imposed on a parent for failure to facilitate contact with a child and strengthens the protection of legitimate expectations - the parent should not be penalized for acting in reliance on an enforceable court decision, even if it was later found to be unlawful.

The second ruling deals with contact between socially close persons and a child under Section 927 of the Civil Code and emphasizes that this legal concept protects the child, not individuals seeking contact. The third focuses on the reviewability and internal consistency of decisions when expanding a parent’s visitation rights. The author also connects these conclusions with the upcoming amendment to family law effective from 1 January 2026.

The full article can be read in EPRAVO.CZ Magazine 1/2026 HERE.