New regulation on child care from 2025: What will the change in the Civil Code bring?

The End of the Division into Alternating, Joint, and Sole Custody

The new legislation fundamentally changes this system. Both parents will now be considered as having equal care responsibilities, regardless of how the time spent caring for the child is divided. Each parent will thus have the right and obligation to participate in the child's upbringing, with the court only determining the schedule of time the child spends with each parent. This system is intended not only to reduce conflict between parents but also to ensure that the child has the opportunity to build a relationship with both parents without restriction.

Maintaining the Child's Contact with Both Parents

The amendment places great emphasis on ensuring the child has the broadest possible contact with both parents. The parents' divorce or separation should not be a reason for one parent to be marginalized in the child's life. When determining the care schedule, courts will proceed based on the child's best interests and will strive to make contact with both parents as equal as possible, if the specific circumstances permit.

This approach is a crucial step towards modern family law, which recognizes that the role of both parents is important for the child. Equal care thus contributes to the child's emotional stability, which is key to their healthy development.

Encouraging Agreement Between Parents

One of the main goals of the amendment is to promote amicable solutions and motivate parents to reach an agreement on child custody. Court proceedings are designed to encourage parents to prefer an agreement, which can help reduce stress for everyone involved, including the children.

Under the new legislation, a parent filing a motion to modify child custody will be required to document to the court whether and how they communicated with the other parent regarding custody. This step is intended to eliminate situations where parents file motions unilaterally without attempting to reach a mutual agreement. Courts will thus be better able to assess whether the motion is genuinely in the child's best interests or merely a reaction to a personal conflict between the parents.

Ordering Less Formal Court Hearings

Part of the new legislation is also an effort to give courts greater flexibility in their approach to individual cases. Courts will be able to order less formal hearings, which can take place outside the courtroom and will be adapted to the child's needs. These hearings can be held in a more friendly environment, which will help prevent the child from being traumatized by the process itself. This step is intended to provide space for more open communication between the parents and the child, thereby ensuring that the child has the opportunity to freely express their opinion about their future.

What Does the Amendment Mean for Parents?

The amendment to the Civil Code brings parents a greater degree of legal certainty and the opportunity to participate equally in their child's upbringing, even in the event of a divorce. The new approach to custody means that parents will have equal standing in relation to the child, which should help reduce conflicts and improve cooperation between divorced parents. For parents who are unable to agree, the amendment ensures that courts will have the scope for a comprehensive assessment of each case and that the decision will be in the child's best interests.

Conclusion

The new child custody regulation, which will come into effect in 2025, is a significant step towards a more modern and fairer family law. The abolition of the distinction between alternating, joint, and sole custody, the promotion of both parents' equal share in upbringing, and the flexible approach of the courts will contribute to ensuring that the child custody process after a divorce proceeds in the child's best interests. This approach, which emphasizes respect for the child's rights and needs, brings hope for harmonious relationships between parents and for a stable, healthy environment for children even after their parents' divorce.

If these changes affect you and you have questions about child custody or other areas of family law, do not hesitate to contact us. We are experts in family law and are ready to provide you with professional help and support in any situation.

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