Sloučení rozvodového a opatrovnického řízení

What is changing?

From now on, everything will be handled in a single proceeding. A divorce petition, to which the spouses attach a motion to settle the arrangements for a minor child, will be heard jointly. The court will thus decide simultaneously on the dissolution of the marriage and on all matters relating to child custody, maintenance, and contact.

One proceeding, one decision

This consolidation will prevent time lags between the decision on the child and the divorce itself. At the same time, the court will gain a comprehensive view of the family's situation as a whole and can better assess whether the divorce and the proposed arrangements correspond to the child's actual needs.

The decision on the child will therefore not be a precondition for the divorce, but a part of it. The court will decide on both in the same proceeding and in the same judgment.

An advantage for all involved

The new approach brings benefits not only for the parents, who will save time and money, but especially for the children. A major new feature is that in uncontested cases, it will no longer be mandatory to appoint a guardian ad litem for the child. This will reduce stressful situations for minors caused by contact with the Authority for Social and Legal Protection of Children (OSPOD). If there is no dispute between the parents and the court has no doubt that the agreement is in the child's best interest, the proceedings will take place without the intervention of OSPOD.

Judicial protection remains

Despite the consolidation of the proceedings, the protective function of the court remains, especially in relation to children. The court will continue to review whether the parents' agreement is in the best interest of the child and may reject it if it would disadvantage the child in any way. The adoption of a joint parental approach does not mean a loss of judicial control, but merely the elimination of unnecessary procedural duplication.

New scope for a calmer process

Another practical innovation is that divorce and custody proceedings can now also take place outside the classic courtroom – for example, in the judge's chambers or in a less formal space. The legislator is thus giving courts the option to choose an environment that will be calmer and more welcoming – especially if the proceedings involve a child who is to be heard, or if an amicable outcome is expected.

Summary

The consolidation of divorce and custody proceedings from January 2026 represents a fundamental change in the state's approach to resolving family disputes. Instead of two separate proceedings, one will now be sufficient – faster, clearer, and less burdensome for all involved.

At the same time, this opens up space for more dignified proceedings that place less emphasis on form and more emphasis on agreement between the parents. The possibility of holding proceedings outside the courtroom, in a calmer environment, can significantly contribute to preventing conflict situations from escalating unnecessarily. In this way, the amendment strongly promotes amicable solutions, spares the child unnecessary burden, and respects the autonomy of the parents, as long as their agreement is not contrary to the law or the best interest of the child.