Kolizní opatrovník jen výjimečně
What is changing?
From January 2026, the court will only appoint a collision guardian if there is a risk of a conflict of interest between the parents and the child, or if the proceedings are otherwise contentious. In uncontested cases – typically in an agreed divorce – it will be possible to decide on matters concerning the child without the participation of the Authority for Social and Legal Protection of Children (OSPOD), provided the court finds that the parents have submitted an agreement that corresponds to the child's best interests.
More efficient and less burdensome proceedings
The change responds to long-standing criticism of the practice where the formal participation of a guardian often delayed proceedings, even though it was not objectively beneficial to the child. In some cases, the OSPOD was present purely out of procedural obligation, rather than due to the need to protect the child.
The amendment thus allows proceedings to be faster, simpler, and less burdensome for all parties involved – including the child. The OSPOD will be able to focus its resources on genuinely conflictual and high-risk cases where its participation is indispensable.
Maintaining protection where it is needed
Even after the amendment, the option to appoint a collision guardian for a child remains whenever necessary – for example, in cases of:
disagreement between parents on who will care for the child and how,
suspicion of manipulation, neglect, or abuse of the child,
the child's need to be heard through an impartial representative,
complex international or property-related contexts.
The law thus does not reduce the child's protection but targets it more precisely. A collision guardian will not be appointed as a matter of principle, but based on a specific need.
Practical consequences for proceedings
The new approach will be particularly evident in cases where:
the parents submit an agreement on custody and child support to the court,
the child is not at risk and the court has no doubts about the agreement's compliance with the law,
the divorce and custody proceedings are conducted jointly without disputes.
In such a situation, it will not be necessary to involve the OSPOD, which will eliminate the need for its statements, consultations, or presence at hearings. Parents will be able to conclude an agreement more quickly, the court will rule in a shorter timeframe, and the child will not be unnecessarily drawn into the proceedings.
Potential problems | How ARROWS can help (consultation@arws.cz) |
|---|---|
Automatic expectation of a collision guardian's appointment: A mere conflict between parents does not necessarily mean a guardian must be appointed for the child; the decisive factor is an actual conflict of interest between the child and their legal representative. | Assessment of conflict of interest: Our Czech legal team will review the specific family situation and help you assess whether the conditions for appointing a collision guardian are actually met. |
Improper representation of the child in proceedings: If an actual conflict of interest exists and the child is not properly represented, the protection of their rights and the course of the entire proceedings may be jeopardized. | Protection of the child's rights: We will help you correctly set up the child's representation, prepare the necessary procedural filings, and ensure that the court respects the child's rights and best interests. |
Unnecessary prolongation of family proceedings: The unjustified appointment of a guardian can introduce an additional party, administration, and delays into the proceedings without being necessary for the child's protection. | Procedural representation in family matters: We will assess the court's procedure, prepare arguments against the unnecessary appointment of a guardian, and represent you throughout the proceedings. |
Parental conflict transferred to the child: An escalated dispute between parents can complicate an agreement on custody, child support, or other matters concerning the child, leading to lengthy court proceedings. | Legal resolution of parental disputes: We will help you structure an agreement on custody, child support, and other issues to be legally sound, practically functional, and respectful of the child's best interests. |
Incorrect assessment of the new legislation: The changes effective from 2026 may cause uncertainty in practice as to when a collision guardian should be appointed and when their participation is no longer necessary. | Legal advice under the current legislation: We will assess your case based on the new legislation and current case law, and recommend the most appropriate course of action. |
Conclusion
The amendment, effective January 2026, abolishes the automatic appointment of a collision guardian in all proceedings concerning a child. From now on, the OSPOD will only participate when it is justified and necessary, not just "to be on the safe side." The law thereby responds to the reality of court practice, saves institutional resources, and simultaneously preserves the protection of the child where they are at risk.
The aim of the change is to make proceedings more efficient, reduce the formal burden, and allow for a quicker agreement between parents without unnecessary third-party intervention, if the situation permits.
If you do not want to risk procedural errors, unnecessary delays, or the adverse effects of a family dispute on your personal or financial situation, you can safely entrust the entire matter to the ARROWS law firm. Our Prague-based team can help you with assessing the situation, preparing filings, and representing you in the proceedings.
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Disclaimer:
The information contained in this article is for general informational purposes only and serves as a basic guide to the issue as of 2026. Although we strive for maximum accuracy, laws and their interpretation evolve over time. We are ARROWS Law Firm, a member of the Czech Bar Association (our supervisory authority), and for the maximum security of our clients, we are insured for professional liability with a limit of CZK 350,000,000. To verify the current wording of the regulations and their application to your specific situation, it is necessary to contact ARROWS Law Firm directly (consultation@arws.cz). We are not liable for any damages arising from the independent use of the information in this article without prior individual legal consultation.