Andrea Šťástková for EPRAVO.CZ on the investigative principle in maintenance proceedings

Andrea Šťástková has published an expert article analyzing recent Constitutional Court case law on the application of the investigative principle in child maintenance proceedings.

The article discusses two key Constitutional Court judgments from 2025:

The decision IV. ÚS 2492/24 of 16 April 2025 emphasizes the courts’ duty to establish not only the actual but also the potential income of a parent obliged to provide maintenance — for example, by examining the financial results of companies in which the parent holds a share or other property-related advantages.

The decision II. ÚS 798/25 of 22 July 2025 highlights the principle of foreseeability in judicial decision-making: even in proceedings governed by the investigative principle, courts must not decide unexpectedly and are required to give the parties an opportunity to comment on the intended course of action.

Together, these judgments refine the standard of proof and the requirements for the reasoning and reviewability of judgments, which has a significant impact on family law practice.

You can read the full article by Andrea Šťástková here.