Childcare after parents separate: Czech rules from 2026

Updated on 4 October 2026 to reflect the Czech rules effective from 1 January 2026.

When parents separate, their child needs a workable and predictable care arrangement. From 1 January 2026, Czech courts no longer use the former categories of sole, alternating and joint care when making a new decision. Act No. 268/2025 Coll. amended Section 907 of Act No. 89/2012 Coll., the Civil Code. The court decides on care by both parents and, where appropriate, determines how much care each parent provides. The amendment does not require a fifty-fifty division of time in every case.

An agreement can leave the extent of care undefined

Under Section 907(1) of the Civil Code, where the parents agree, the court decides that the child remains in the care of both parents without specifying the extent of each parent's care. The parents organise daily care by agreement. Sharing a home is not a statutory condition for this approach. The arrangement must nevertheless be workable and meet the child's needs.

Parents should address school days, handovers, holidays, illness and the exchange of information. If they need a fixed, enforceable timetable, the court order must reflect that need. A general statement that they agree will not resolve repeated disputes about individual handovers.

The court determines the extent of care where necessary

If the conditions for Section 907(1) are not met, Section 907(2) requires the court to determine the extent of each parent's care with regard to the child's interests. The division may be equal or unequal. The child's needs, daily routine, family relationships and the parents' practical ability to provide care matter more than a label.

Where the child's interests require it, Section 907(3) allows the court to set conditions for care, including the place where it takes place and the persons who may or may not be present. Section 907(4) also permits arrangements for indirect contact and information during the other parent's care. The child's safety takes priority over a mechanical timetable.

Child maintenance depends on the court's approach

For arrangements following divorce under Section 907(1), the court generally does not decide on child maintenance under Section 919(2), but it may approve the parents' maintenance agreement. Where the court determines the extent of care under Section 907(2), it also decides on maintenance under Section 919(3). An agreement contrary to the child's interests cannot be approved.

Both parents remain responsible for supporting their child even if the order does not specify a regular payment. Their agreement therefore needs to address ordinary and exceptional expenses. An agreed care arrangement does not automatically remove either parent's duty to contribute.

Earlier orders do not disappear automatically

The amendment does not automatically cancel earlier care orders. If circumstances change and the parents cannot agree, Section 909 permits a new court decision. The existing order and the actual change in circumstances must be assessed; the amendment's new terminology alone is not enough.

We assist with care arrangements, divorce and related property matters through our family and inheritance law practice.

Sources: Sections 907, 909 and 919 of Act No. 89/2012 Coll., as amended by Act No. 268/2025 Coll.; Czech Ministry of Justice information on the 2026 changes.