1. The parent does not allowed me the contact despite the proceedings of the execution of the court decision and the court confers fines. What the personal protection claim brings me?
With the personal protection claim one can require moral and financial satisfaction what will have much more serious impact on the infringing parent.
2. What is the difference between family law procedure and personal protection claim?
The claim is a civil procedure mean that allowes to protect the rights of the individual. With the decision one is entitled to execute directly and quicker.
3. How much one may be entitled with the financial satisfaction?
It is up to the court decision and each individual case . In the so far decided cases the Krajský soud in Brně in case 24 C 69/2003 granted 16.000,- Kč, what the Court considered only as symbolic as the European Court of Human rights grants around 10.000 euro.
4. What is the time limitation?
Three years in respect of the financial satisfaction.
5. What is the court fee?
The court fees are regulated by Act no. 549/1991 Coll., on Court Fees.
The court fee for a motion to commence proceedings with a pecuniary performance:
a) to obtain pecuniary satisfaction up to 200,000 CZK (8,000€; 6.666£) is the court fee 2,000 CZK (80€; 66£)
b) to obtain pecuniary satisfaction for amounts above 200,000 is the court fee 1% of the required amount.
The court fee for a motion to commence proceedings with non-pecuniary performance is in respect of the claims in defamation/libel proceedings 2,000 CZK.
There are no specific court fees in cross-border litigations.
The court fee is fully reimbursed to the winning party.
6. What are the costs for the lawyer?
The provision of legal services is subject to the agreement on provision of legal services concluded between the barrister and the client (contractual fee). It is also possible to agree on contingency fee if the fee is reasonable. If no contractual fee is set, remuneration is determined in accordance with the Tariff. VAT is applicable on barristers’ fees if is VAT registered. VAT rate is 21 %.
In case of cross border litigation the Tariff allows higher non-contractual fees. According to the tariff, a lawyer is entitled to increase fees maximum three times in cases with foreign element.
Where a client is awarded compensation of costs of proceedings by the decision of a court or any other body, the amount of the lawyer´s fee shall be set in compliance with provisions for non-contractual fees unless special legislation provides otherwise. The lawyer is obliged to notify his client of this fact when he negotiates a contractual fee with the client. In other words, the winning party will be reimbursed only in amount of the legal fixed rate (set in Tariff), not in the amount of the payment made by the client to the lawyer according their contract.
In case of the fees according to the Tariff, the amount of fees is determined by the each type of the act of legal service and by the number of such acts, which has the lawyer done in a legal case (proceedings).
The rate for a non-contractual fee for one act of the legal service is:
In defamation/libel cases without an application for compensation of non-property damage – 2,500 CZK (100€; 83£) per act.
In defamation/libel cases/right to reply with an application for compensation of non-property damage – 3,100 CZK (124€; 103£) per act.
The act of legal services means:
a) acceptance of and preparation for representation or defence under a contract for the provision of legal services,
b) initial advice to the client including the acceptance and preparation of his representation or defence where the lawyer is appointed by a court,
c) subsequent advice to the client exceeding one hour,
d) a written application to a court or any other body in relation to the merits.
Additionally, a lawyer shall be entitled to compensation of his cash expenditures reasonably spent in relation to the provision of legal services, in particular, paying court and other fees, travel costs, mail costs, telecommunications, expert reports and other specialists opinions, translations, true copies and photocopies.
In cases of the foreign element, the Translation and interpretation fees might be required if the plaintiff required the court proceedings held in foreign language. The rates are regulated by Act 36/1967 Coll., on Experts and Interpreters and its implementing Decree No. 37/1967 Coll.
7. What court decide the case?
Since 1.1.2014 the Court of the Defendant home place – the Court of first instance.