On 12 October 2026 the Government of the Czech Republic approved an amendment to the Civil Code that introduces a general definition of the best interests of the child into the law for the first time. In assessing them, courts are to take into account, among other things, the child's safety and views. The proposal was submitted by the Ministry of Justice; its minister Jeroným Tejc (ANO) presented it at a press conference after the cabinet meeting.[1]

Definition of the best interests of the child

The concept of the best interests of the child appears in many places in Czech law, but until now it had no uniform definition. The new definition draws on the case law of the Constitutional Court and on the commentary of the UN Committee on the Rights of the Child. Besides the child's views, it covers in particular protection of the family environment, maintaining relationships, preserving identity and ensuring the child's development and needs, including safety.[1]

According to the Czech News Agency, Tejc said that courts will get clear guidance in the law. Alongside the economic side, the child's safety is always to be one of the considerations, and the court is to give the child's views very substantial weight.[1]

Other changes in the proposal

In non-contentious proceedings, civil judges are to gain the new option of convening a case conference with experts. The conference is to be informal and closed to the public and may take place without the parties to the proceedings. The range of experts invited is to depend on the circumstances of the case. According to Tejc, social and legal child protection authorities, the police or an addiction specialist cannot currently share all information with the court.[1]

The proposal also provides for merging decisions on custody and on child maintenance into a single proceeding. When several matters are combined in one appeal proceeding, only a single court fee of 3,000 CZK is charged. For a divorce on which the spouses have agreed, no hearing is to be required. If the spouses have children, a hearing on arranging their circumstances is to be held as part of the combined proceeding.[1]

Next steps

The Ministry of Justice sent the amendment for comments in spring 2026. According to Tejc, the need for changes arose from talks with judges after the adoption of the so-called divorce amendment, which has been in force since the beginning of 2026. When the cabinet approved it, the minister said the bill, after a lengthy comment procedure, would also hold up in the Chamber of Deputies of the Parliament of the Czech Republic, where it is headed.[1]

Related articles: Government of the Czech Republic

Chronology

  • — The government approved an amendment to the Civil Code that defines the best interests of the child for the first time and provides that courts are to take into account, among other things, the child's safety and opinion. ČTK / České noviny

Sources

  1. ČTK / České noviny — 12 October 2026