The amendment to family law, effective January 1, 2026, will change the way we think about divorce and child custody. The new regulations move away from a formalistic approach to child custody decisions – instead of rigid categories, greater emphasis will be placed on the individual needs of a specific child and the actual competencies of the parents.
As we emphasize: “Courts should utilize the new space in family matters and individualize the decision-making process.”
The amendment also simplifies the divorce procedure and limits the importance of formally determining fault, which could reduce the likelihood of conflict in proceedings. Will courts actually seize this opportunity? Much will depend on judicial practice in the first months of the new regulations’ implementation.
You can find our commentary on this topic on the LegalWeb portal – we encourage you to read it: https://legalweb.cz/soudy-by-mely-vyuzit-novy-prostor-v-rodinnych-vecech-a-individualizovat-rika-kristyna-kubikova-6136/