Divorce and child arrangements in a single set of proceedings
Where spouses have a minor child, Czech courts now generally deal with the divorce and the child’s arrangements in joined proceedings. The court may separate the matters if dealing with them together would not be appropriate in the circumstances.
In an international case, however, jurisdiction must be considered separately for the divorce, parental responsibility and maintenance. A Czech court may have jurisdiction over one issue but not necessarily all of them.
A new approach to parental care
Since 2026, Czech law no longer uses the former formal labels of sole, joint or alternating care. The starting point is that the child remains in the care of both parents. If necessary, the court determines the practical extent of each parent’s care.
This does not create an automatic 50:50 arrangement. The child’s best interests and the family’s actual circumstances remain central. The court may therefore set different periods of care for each parent and decide related issues, including child maintenance.
One parent in the Czech Republic and the other outside the EU
When one parent lives in the Czech Republic and the other in a non-EU country, the child’s habitual residence is usually the key connecting factor for decisions about parental responsibility. Habitual residence is a factual legal concept: it reflects where the child’s life is genuinely centred, rather than nationality or a registered address alone.
If the child is habitually resident in the Czech Republic, Czech courts will generally have jurisdiction over parental responsibility. If the child is habitually resident outside the EU, the fact that one parent lives in the Czech Republic will not, by itself, normally give Czech courts jurisdiction over the child. The position may then depend on the 1996 Hague Child Protection Convention, including whether the other country is a party, or on the relevant national rules.
Jurisdiction over the divorce
For divorce proceedings, the Brussels IIb Regulation provides several alternative grounds of jurisdiction. These include the spouses’ habitual residence, their last shared habitual residence where one spouse still lives there, the respondent’s habitual residence and, in certain circumstances, the applicant’s habitual residence. An applicant will generally need to have lived in the country for at least one year before applying, or for at least six months if they are also a national of that country.
Where EU rules do not provide jurisdiction, the court may need to consider residual national rules. Jurisdiction over the divorce does not automatically determine jurisdiction over the child.
Which law will the Czech court apply?
The Czech Republic does not participate in the Rome III Regulation. A Czech court therefore determines the law applicable to divorce under the Czech Act on Private International Law.
In simplified terms, if both spouses have the same nationality, their common national law will generally apply. If they have different nationalities, the law of the country in which both are habitually resident will generally apply. If neither connection exists, Czech law will generally apply. Further rules and exceptions may affect an individual case, particularly where the otherwise applicable foreign law does not permit divorce or makes it exceptionally difficult.
Conclusion
The 2026 reform has made Czech divorce proceedings more streamlined and has shifted the focus from formal care labels to the child’s real day-to-day arrangements. In a cross-border family, however, the first step is to identify the correct court and the applicable law. This is especially important where one parent or the child lives outside the European Union.