Both parents - the mother and the father - are responsible for the children's upbringing, maintenance, and development. 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.

Out-of-court resolution of parental separation can reduce the conflict itself. Both parents should try to gradually to a new living situation, not the situation before the breakup.

Searching together for the post-divorce period will show the parents to the child again as strong personalities on whom they can the child can rely.

Here you can find samples of out-of-court agreements for parents from international families.

Advantages of an out-of-court settlement

• Parents do not put their life 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 the cost of legal representation.
• It is usually many times 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.

Judicial approval of the parents' agreement

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).

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

We are prepared to talk to parents about their situation and offer an impartial perspective.

We will 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.