Access to child

Before issuing a decision on divorce of spouses having a minor child, the court shall regulate their rights and duties to the child after the divorce; the court shall particularly determine who shall be entrusted with custody of the child and how each of the parents shall contribute to his or her maintenance.

If both parents are able to upbring the child and are interested in the upbringing, the court may put the child into a common or alternating custody of both parents if it is compatible with the child’s interest and if it leads to a better security of his or her needs.

In deciding on the child’s custody, the court shall particularly take account of thechild’s interest with regard to his or her personality, talent, abilities and possibilities of development and with regard to life condition of parents. The court shall see to taking account of the child’s right to a care of both parents and to a regular contact with them and to the other parent’s right to regular information about the child. The court shall also take account of emotional orientation and background of the child, ability and reliability of the parent to upbring the child, to stability of the custody in the future, to ability of the parent to agree on the upbringing of the child with the other parent, to child’s emotional links to brothers and sisters, grandparents and other relatives as well as to a material security from the parent’s side including flat condition.

The agreement between the parents about contact with the child does not require a court’s consent. A decision regulating the exercise of parental responsibility may be replaced with an agreement of the parents; the validity of such agreement requires a consent of the court.

However, the court shall regulate the contact of the parents with the child if such measure is required by the interest in his or her upbringing or by condition of the family.

A repeated groundless prevention of the entitled parent from contact with the child is considered change of condition requiring a new decision on the custody.

If it is necessary and in the child’s interest, the court shall restrict or prohibit contact of the child with his or her parent.

If it is required by the child’s interest and by condition of the family, the court may regulate the child’s contact with grandparents and brothers and sisters.

If the condition changes, the court may change the decision or agreement of parents about the exercise of their parental rights and duties even without a petition.

The New Civil Code regulates the child custody and access in § 887-891.

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