Parenting with a Czech partner: Who decides on schools, travel and moving abroad?

When your family has ties to more than one country, a trip to see grandparents can mean crossing a border, and choosing a school can mean deciding which language your child will learn in. These decisions can become more sensitive after a separation, when parents may have different ideas about where and how their child should grow up. 

For international parents raising children in Czechia, many of these scenarios can arise whether parents are married, unmarried, separated or divorced. Differences in nationality and residence can make parenting arrangements in Czech–Expat families more complicated, especially after separation or divorce. 

The key consideration is each parent’s parental responsibility and any relevant court decisions. Expats.cz spoke with the family lawyers at Bříza & Trubač to help explain the distinctions parents should understand before making plans, and how to approach these decisions before traveling abroad.

Under the Czech Civil Code, the day-to-day decisions can generally be made by the parent currently caring for the child. The situation is different when it comes to the child’s significant matters. These may include the child’s education, non-routine medical treatment, religious upbringing, change of the child’s name or the child’s place of residence. If the parents cannot agree, either parent may ask the court to decide the matter.

School choice can make those differences particularly apparent. Parents may have different preferences about the language of instruction, the curriculum or where their child will continue their education. Discussing those expectations before submitting an application can help identify disagreements early.

“We often experience that a Czech parent makes unilateral decisions without consulting the expat parent, namely when it comes to schooling," says JUDr. Marta Zavadilová, Ph.D., attorney and head of the family law team at Bříza & Trubač, attorneys-at-law. "If this happens, the other parent shall confront the Czech parent and demand that he is also involved in the decision-making."

It’s important to note that the need to reach agreement applies to both parents, and that either may find themselves excluded from a decision, regardless of nationality.

Even though Czech law generally does not require a written consent of the other parent for a short trip abroad, Czech authorities recommend obtaining such consent as a precaution. Written consent can help demonstrate that the trip is temporary and agreed to by both parents.

It is particularly advisable where the parents have different surnames or there is a risk of a dispute about whether the child is being taken abroad temporarily or permanently. The consent should specify the destination, dates and purpose of the trip.

Parents should also check the destination country’s requirements. A document that is recommended as a precaution under Czech law may be required by authorities elsewhere.

The situation is fundamentally different if a parent takes the child abroad and does not return the child as agreed or changes the child’s residence without the other parent’s consent or a court decision. This may constitute international child abduction under the 1980 Hague Convention, which generally results in an order to return the child to the country of its habitual residence.

Habitual residence refers to where the child’s everyday life is established, including school, care and social connections. It is not necessarily the country of the child’s citizenship. Whether the convention applies and a return is ordered depends on the circumstances and its legal conditions. A return order does not itself determine the underlying custody dispute.

“The Hague Convention allows for some exceptions to the obligation to return the child. It is however always recommended to seek legal advice before you decide to leave the country with the child to avoid the risk of return order,” says Mgr. Andrea Šťástková, attorney in the family law team at Bříza & Trubač.

For example, an agreed visit to grandparents abroad can become a different legal situation if one parent decides to remain there with the child beyond the agreed return date. Consent to a holiday should not be treated as consent to relocation.

The key takeaway is to cooperate on major decisions and obtain consent before travelling with a child abroad (even if it is for a temporary stay). Consulting a family lawyer before disagreements escalate can help parents understand their rights and avoid potentially complex cross-border disputes.

For short trips, written consent is generally a precaution recommended by Czech authorities, as explained above. Before travelling, agree on the destination and return date, check the destination country’s documentation requirements and distinguish clearly between permission for a visit and agreement to a move.