Does the number of kilometres matter? Andrea Šťástková on childcare arrangements over long distances

When parents separate, it can mean not only two households, but also tens or even hundreds of kilometres between them. How should such distance affect the amount of time each parent spends caring for the child? In her article for EPRAVO.CZ, our attorney Andrea Šťástková examines two recent rulings of the Constitutional Court (Case Nos. II. ÚS 901/26 and IV. ÚS 765/26) addressing this issue.

A court cannot disregard the distance between the parents’ homes, but distance alone does not justify limiting the amount of care provided by one parent. What matters is the actual travel time, the frequency of journeys, and the impact of the chosen arrangement on the child’s schooling, friendships and everyday life. A considerable distance therefore does not necessarily have to result in less time spent in a parent’s care. Instead, it may be reflected in how that time is arranged, for example through longer uninterrupted periods or greater involvement of that parent in caring for the child during school holidays.

The article also addresses situations where one parent unilaterally changes the child’s place of residence. A court may take this into account, for example when determining how the burden of transportation should be shared. However, according to the Constitutional Court, childcare arrangements themselves must not serve as a sanction for a previous relocation. The best interests of the child must always remain the primary consideration.

You can read Andrea Šťástková’s full article HERE.