PARENTAL CHILD ABDUCTIONS

Moving the child to other place is treated as a breach of the law and it is evaluated very strictly. TheConstitutional Court of the Czech Republic says that moving the child around the Czech Republic isconsidered as aggravated circumstance while deciding to what parent the child will be entrusted intocustody (detailed information can be found at Resolution of the Constitutional Court dated 14 thMarch 2017, I. ÚS 955/15). It is in the best interest of the child to have chance to grow in closecontact with both parents, regardless to mutual relationships. Some Judges are very strict and theyrule about placing the child to the second parent´s custody. Regarding to distance, we are talkingabout moving in a scope of a city or in 20 miles maximum, otherwise you have a trouble, as not everyparent has a car and not every child is able to travel by bus.

International parental child abduction is even worse. The situation has grave consequences for wholefamily and in most cases also destructive impact on communication of the parents. What movingmakes with the child´s residence, was solved in the previous part. I will just highlight that the childgoes through complete change of his or her life, including losses and disorientation.

So, what can happen if the child moves abroad without consent of the second parent?

Firstly, the parent left behind can plead for child return to country where the child was living before.This is admissible in all states of the European Union, and also in most Anglo-Saxon countries. Theproceedings take place in the country the child is. Whole proceedings should be terminated withinsix weeks, so the process is running very fast.

Under what condition the application can be dismissed? Firstly, the Court will not send the childwhere the war proceeds and where the human rights are breached. Moreover, the Court will rarelysend the child back if the second parent applies for the child return after one year from expectedchild return. The Court will not return the child if the parent left behind has not provided due care ofthe child and was not interested in the child at all. It can be hard to prove. The Court will not returnthe child if the child´s view is the key factor (children in 14-16, older children are not involved in theproceedings). And finally, if the child can be in risk in respect of grave physical or emotional loss if thereturn is ordered. And especially this reason in considered by the attorneys in all cases.

What is meant by physical or emotional loss? Under the valid case-law of the court of return, which isthe Municipal Court in Brno and Regional Court in Brno, it is the situation when the child suffers fromdisease that could make the return impossible. However, you need an expert opinion to prove this.Criteria for non-return are quite strict.

Often the parent who has moved the child claims, that there was domestic violence in thehousehold, or that the second parent submitted criminal complaint in the country of origin. Thesereasons are grave and the Judge has to consider them deeply. However, under the case law of theCzech courts, these reasons are not enough.

It can be summarized that the Courts, especially the Czech Courts, order return of the child back tothe country of origin.

International parental child abduction is considered as criminal offence in some countries. What youcan do in this situation, will be discussed next time.