The mother and father can separate as partners but not as parents. During the separation, the parents remain responsible for the child's future life, prospects, and well-being.

Parental responsibility belongs equally to both parents. Every parent has it unless a court has deprived them. Both parents are legally entitled to custody of the child.

Both parents should try to gradually adapt to a new living situation, not the situation before the breakup. This in itself will help reduce potential conflict. Finding a solution together sets a good example for the child and shows the parents as strong personalities on whom the child can rely. 

Advantages of an out-of-court settlement

• parents do not put their lives and their child's future in the hands of lawyers and an anonymous judge
• no professional can understand the parents' experiences and feelings as well as the parents themselves
• parents can save on the cost of legal representation.
• it is usually much quicker than going to court

In addition, international families may not have easy access to the courts; court proceedings abroad can be expensive, and parents may encounter significantly more legal complications. Our Office actively guides parents in out-of-court negotiations and supports them in developing agreements.

Many families find it helpful to participate in mediation, where they have the space and time to talk about important issues. 

Judicial approval of the parents' agreements

It can be a good idea (and sometimes necessary) to have the court approve a parental agreement to regulate the relationship between parents and children. The agreement then gains the weight of a judgment, which can significantly impact the future. Different states may consider parenting agreements differently, so consult the matter in advance (e.g., with an Umpod lawyer).

A court order is most often needed in the event of a divorce or to enforce maintenance.

How can the Office help with parents' out-of-court child custody agreements?

Depending on the situation, we are prepared to talk to parents about their situation and offer an impartial perspective.

Caseworkers can provide parents with the necessary information regarding the following:

• the legislation that may affect their out-of-court decisions
• types of custody arrangements
• how both parents can be involved in the child's upbringing
• highlight the implications of the cross-border element (e.g., how to enforce an out-of-court agreement, how to have it approved by a court in a particular country, etc.).

We prefer to meet with both parents and, where appropriate, their legal representatives. In addition, we can meet online (via video conference call) in Czech or English (or German or Russian). The professional staff is trained in facilitated interviewing, which helps to change the quality of the parents' conversation and, where appropriate, allows the parents to find an agreement.

It is, of course, also possible to have an informative discussion with one of the parents.