Act No. 268 / 2025 Coll.

Act amending Act No. 89 / 2012 Coll., Civil Code, as amended, and other related laws

Valid Law Effective from 01.01.2026
268
THE LAW
of 3 July 2025
amending Act No. 89 / 2012 Coll., Civil Code, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the Civil Code
Čl. I
Act No. 89 / 2012 Coll., Civil Code, as amended by Act No. 460 / 2016 Coll., Act No. 303 / 2017 Coll., Act No. 111 / 2018 Coll., Act No. 171 / 2018 Coll., Act No. 33 / 2020 Coll., Act No. 163 / 2020 Coll., Act No. 192 / 2021 Coll., Act No. 374 / 2022 Coll., Act No. 429 / 2022 Coll., Act No. 414 / 2023 Coll., Act No. 31 / 2024 Coll., Act No. 123 / 2024 Coll., Act No. 144 / 2024 Coll., Act No. 32 / 2025 Coll., Act No. 78 / 2025 Coll., Act No. 120 / 2025 Coll., is amended as follows:
1. In Article 679 (1), the words "including the obligations and rights of parents to it 'are deleted.
2. In Article 755 (2) (a), the words "if necessary 'shall be inserted after the words" find out' and the words "for a period 'shall be replaced by the words" for a period'.
3. In Article 756, the words' and, in so doing, it shall establish its causes, unless otherwise specified 'are deleted and at the end the sentence' The causes of the disruption shall be ascertained only if the spouse who has not submitted the divorce application has been contended that a ground for refusal under Article 755 (2) (b) is given '.
4. Under the heading of Section 757, the heading "Contract divorce of marriage 'is inserted.
5. In Article 757 (1) of the Introductory Part of the provision, the words "the court of marriage shall be divided without establishing the causes of the divorce of the marriage, if the same claim of the spouses as regards the divorce of the marriage and the intention to obtain the divorce is found to be true and" shall be replaced by "or if the spouses submit a joint proposal and if the same claim of the divorce of the spouses is found to be the same as that of the divorce, the conditions laid down in Article 755 (1) shall be fulfilled."
6. in Article 757 (1) (a), the words "and spouses do not live together for more than six months" shall be deleted;
7. In Paragraph 768 (1), the words "to whom of 'shall be replaced by the words" the care decision' and the words "the care entrusted 'shall be deleted.
8. In Paragraph 768 (2), the words "if, however, he was entrusted with care 'are replaced by the words" if, however, he is concerned'.
9. § 858 reads:
„§ 858
(1) Parental responsibilities include the obligations and rights of parents, which consist of:
(a) care for the child, including in particular care for his or her health and care for his or her physical, emotional, rational and moral development without physical punishment, mental distress and other degrading measures;
(b) the protection of the child;
(c) maintaining contact with a child, including personal contact, indirect contact by means of distance communication, providing each other with all relevant information about the child between parents and providing all relevant information about the parent child;
(d) ensuring the education and education of the child;
(e) the destination of the child's residence;
(f) representation of the child; and
(g) the management of the child's assets.
(2) Parental responsibility arises from the birth of a child and ceases once the child has acquired full independence.
(3) Only a court may change the duration and extent of parental responsibility. "
10. In Article 868 (2), the words "and personal 'are replaced by the words" or'.
11. in Paragraph 869, the following paragraph 2 is inserted after paragraph 1:
"(2) If it is in the interests of the child, the court shall decide to suspend the parental responsibility of the parent if, as a result of the child's exercise of the parental responsibility, the child's emotional or psychological development is in danger of being disrupted and the threat cannot be averted otherwise. '
Paragraph 2 shall become paragraph 3.
12. In the first and second sentences of § 872, the words "to meet in person 'are replaced by the words" to meet'.
13. In Article 872, the current text becomes paragraph 1 and the following paragraphs 2 and 3 are added:
"(2) When deciding on a court under § 868 to 871, the court may determine the conditions of contact, in particular the place where it is to take place, as well as the persons who may or may not take part in the proceedings.
(3) The provisions of Sections 888 (2) and 889 (1) shall apply mutatis mutandis to the exercise of contact with the child. ';
14. In Paragraph 879 (2), the part of the sentence after the semicolon, including the semicolon, is deleted.
15. in Article 879 (3), the part of the sentence after the semicolon, including the semicolon, is deleted;
16. In Paragraph 884, the sentence "The human dignity of the child is affected by physical punishment, mental distress or other degrading measures shall be added at the end of paragraph 2. '
17. In the first sentence of Paragraph 885, the words "If only one of the parents takes care of the child," are replaced by "Na" and the words "participate" are inserted after the word "nurture."
18. In the heading above Section 887, the words "Personal contact 'are replaced by the words" Exercise of the right and duty of care and contact'.
19. § 888 reads:
„§ 888
(1) A child has the right to equal care of both parents, as well as parents have the right to equal care of their child.
(2) If the parents of the child do not live together, the parent shall be obliged to properly prepare the child for the care of the second parent, to allow the care of the second parent for the child properly and to cooperate with the other parent in the exercise of the right to care for the child to the extent necessary. '
20. § 889 reads:
„§ 889
(1) If the parents of the child do not live together, they must refrain from anything that violates the relationship between the child and the other parent or makes it difficult to raise the child.
(2) If a parent prevents a parent from taking care of the child permanently or repeatedly for no reason, such behaviour is justified by a new decision by the court on the adjustment of the child's circumstances. "
21.
„§ 891
If the parents of the child do not live together, the second parent shall have the right to indirect contact with the child and the right to information on the child to a reasonable extent while the parent is in charge; Articles 888 (2) and 889 (1) shall apply mutatis mutandis. ';
22. in Article 898 (2), the word "or" shall be deleted at the end of point (c).
23. In Paragraph 898, at the end of paragraph 2, the dot is replaced by "or 'and the following point (e) is added:
"(e) the maintenance claim shall proceed unless it is a transfer for consideration of at least the principal amount of the claim at the time of the transfer."
24. in Article 906 (1), the second sentence is deleted;
25.
„§ 907
(1) If parents are satisfied, the court decides that the child remains in the care of both parents without determining the extent of the care of each of them.
(2) If the court does not decide in accordance with paragraph 1, it shall determine the extent of care for the child of each parent, taking into account the interests of the child.
(3) Where necessary in the interests of the child, the court may determine the conditions for the care of the parent, in particular the place where the parent may or may not take care of the child, or persons who may or may not be present in the custody.
(4) Where necessary in the interests of the child, the court may regulate the indirect contact of the parent with the child or the right of the parent to information about the child for as long as the child is cared for by the other parent or, where appropriate, determine the conditions for such contact. ';
26. In Section 909, the words "the court shall amend the decision concerning 'shall be replaced by" and, if parents do not consider it' and after the word "responsibility ', the words" the court shall decide' shall be inserted.
27. In Paragraph 913, the following paragraph 2 is inserted after paragraph 1:
"(2) In assessing the justified needs of the creditor, account shall be taken of their future change if it can reasonably be identified. ';
Paragraph 2 shall become paragraph 3.
28. In the first sentence of Article 913 (3), the words "options and property conditions' are replaced by the words" and options' and the words "or 'are replaced by' and whether the income obtained by it corresponds to the income which it could achieve, in particular, in view of its health, education and qualifications and also in view of the labour market situation at its place of work or residence. In assessing the debtor's assets, it is also necessary to examine whether the debtor has given up without an important reason."
29. In Paragraph 919, the present text becomes paragraph 1 and the following paragraphs 2 to 4 are added:
"(2) Where the court decides on the situation of the child for the period after the divorce of the marriage and decides that the child remains in the care of both parents pursuant to Article 907 (1), the court shall not decide on the performance of the child's maintenance obligation, except for the decision referred to in paragraph 4.
(3) Where the court decides on the situation of the child after the divorce and decides on the care of the child pursuant to Article 907 (2), the court shall also decide on the maintenance obligations of the child under Article 915 to 918.
(4) The court may also decide to approve the parent agreement unless it is clear that the agreed maintenance obligation is not in accordance with the interests of the child. ';
30. The following Section 921a is inserted after Section 921:
„§ 921a
(1) The maintenance claim due may be referred for consideration by the court. The payment shall be made only by transfer without cash to an account with the payment service provider; other arrangements shall not be taken into account. The procedure shall be followed by the full payment of the claim.
(2) The transferee is not liable to the transferee for the enforcement of the claim. If there is a maintenance claim for a minor child who has not acquired full incapacity, the transferor is not responsible to the transferee for the fact that the claim lasted at the time of the transfer, if the transferor could have known that the claim was uncertain or not available. An arrangement derogating from the provisions of the sentence of the first or the second shall not be taken into account against the abuser.
(3) The provisions of this Act restricting the treatment of maintenance claims shall not apply to the transferred claim. However, the debtor shall not object to the transferee's mutual claims on the transferee. The maintenance claim which has been transferred shall not be extinguished by the death of the beneficiary.
(4) The provisions of paragraph 1, second and third sentences, and paragraph 2, shall not apply to the further disposal of the claim. "
31. In Paragraph 923 (1), the words "the court may amend the agreement and the decision 'shall be replaced by the words" and, if parents are not assessed' and at the end of the text of the paragraph, the words "the court shall decide '.
32. In Article 923 (2), the sentence "To the extent that the maintenance consumed is not refunded, the maintenance levy payable in the future shall be reduced accordingly."
33. in Article 960 (2), the words "in person and" shall be deleted;
34. In the second sentence of Article 1970, the words "and the amount of the late payment interest on a minor child who has not acquired full incapacity 'shall be inserted after the words" Interest on late payment'.
Čl. II
Transitional provision
The court's decision to entrust the child to the care of one of the parents, to alternating care or to joint care pursuant to § 907 of Act No. 89 / 2012 Coll., as effective before the date of entry into force of this Act, is without prejudice to the entry into force of this Act. The amendment of this Decision is admissible if it goes on to change the ratios under Section 909 of Act No. 89 / 2012 Coll., as effective from the date of entry into force of this Act.

ČÁST DRUHÁ

Amendment of the Civil Code
Čl. III
Act No. 2000 / 2000 Coll., Act No. 99 / 1963 Coll., as amended by Act No. 36 / 1967 Coll., Act No. 158 / 1969 Coll., Act No. 49 / 1973 Coll., Act No. 20 / 1975 Coll., Act No. 133 / 1982 Coll., Act No. 180 / 1990 Coll., Act No. 117 / 1991 Coll., Act No. 152 / 1994 Coll., Act No. 216 / 1995 Coll., Act No. 84 / 1995 Coll., Act No. 118 / 1995 Coll., Act No. 160 / 1995 Coll., Act No. 110 / 1995 Coll. Act No 31 / 2006, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No 5, No.
1. In Article 279 (2), at the end of the text in point (a), the words "including maintenance claims which have been transferred and claims for payment of the maintenance claims transferred 'shall be added.
2. Paragraph 280 (2) reads as follows:
"(2) If, pursuant to Article 279 (1), there are deductions from the second third of the remainder of the net wage, they shall be satisfied without account being taken of the ranking of the maintenance claim, the claim for payment of the maintenance claim referred to, the maintenance claim which has been transferred, the claims for replacement maintenance under another law and only in accordance with the order referred to in paragraph 5, the other preferential claims. '
3. In Paragraph 280, the following paragraphs 3 and 4 are inserted after paragraph 2:
"(3) If the amount withheld from the second third of the balance of the net wage is not sufficient to satisfy all maintenance claims, the normal maintenance of all eligible and only the arrears of the earlier period shall be satisfied first, according to the standard maintenance ratio. If the amount withheld from the second third of the remainder of the net wage is not sufficient to satisfy all claims for payment of maintenance claims transferred, those claims shall be satisfied according to the standard maintenance ratio. If the amount deducted from the second third of the remainder of the net wage is not sufficient to satisfy all maintenance claims transferred, those claims shall be satisfied according to the standard maintenance ratio. If the amount withheld from the second third of the balance of the net wage is not sufficient to satisfy all claims for replacement maintenance, those claims shall be met according to the standard maintenance ratio.
(4) However, if the amount deducted from the second third of the remainder of the net salary is not covered or the standard maintenance fees of all eligible persons, the amount withheld from the second third shall be distributed in proportion to the amount of the normal maintenance, irrespective of the amount of arrears. ';
Paragraph 3 shall become paragraph 5.
4. In the second sentence of Paragraph 293 (3), "paragraph 3 'is replaced by" paragraph 5'.
5. in paragraphs 318 and 319 (1), "paragraphs 2 and 3" shall be replaced by "paragraphs 2 to 5."
6. In the second sentence of Article 336i (2), the words "including the maintenance claim which has been transferred, the claim for payment for the maintenance claim referred to shall be inserted after the word" maintenance claim. "
7. in Article 337c (1), the following points (f) and (g) are inserted after point (e):
"(f) claims for payment for maintenance claims transferred,
(g) maintenance claims which have been transferred; ';
Points (f) to (h) shall be renumbered as points (h) to (j).
8. in Article 338ze (1), the following points (g) and (h) are inserted after point (f):
"(g) claims for payment for maintenance claims transferred;
(h) maintenance claims which have been transferred; ';
Points (g) to (i) shall be renumbered (i) to (k).

ČÁST TŘETÍ

Amendment of the Law on judicial fees
Čl. IV
Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act.
1. In Paragraph 10 (6), the following sentence is inserted after the second sentence: "If a marriage contract has been decided under the Civil Code, but the appellant has paid a divorce fee which is not a divorce agreement, the court shall return to the appellant the difference between the fee paid and the fee for the marriage contract."
2. in Article 11 (1) (c):
"(c) maintenance obligations of parents towards mature children and maintenance obligations of children towards parents,"
3. In Paragraph 11, the following paragraph 3 is inserted after paragraph 2:
"(3) The exemption in the case of the treatment of minors referred to in paragraph 1 (a) shall also apply to the appellant if the child is represented by him by a guardian or a child with full procedural capacity, as well as to the proceedings for the application for a provisional decision, enforcement proceedings and enforcement proceedings in respect of:
(a) childcare;
(b) the nutrition of a minor child;
(c) contact with a minor child;
(d) the transfer of a minor child between parents;
(e) for minor children of importance on whom parents cannot agree; and
(f) the designated parent who will represent the minor during the legal proceedings. "
Paragraphs 3 to 9 shall be renumbered paragraphs 4 to 10.
4. In Article 11 (4) of the introductory part of the provision, the words "and the proceedings referred to in paragraph 3 'shall be inserted after the words" survivor's proceedings'.
5. In Article 11 (4), the words "and the application for a provisional decision 'shall be added at the end of the text in point (a).
6. In the Annex, the words "application for divorce proceedings' under heading 4 (6) are deleted.
7. In the Annex, the following entry 4a is inserted after entry 4:
"Heading 4a
For the motion to open divorce proceedings,
a)jde-li o návrh na zahájení řízení o smluveném rozvodu manželství2 000 Kč
b)v ostatních případech5 000 Kč“.
8. In the Annex to the Tariff Schedule, under heading 7, the figure "500 'is replaced by" 3 000' and the words "1% of this amount 'are replaced by" 3 000 CZK and 1% of the amount in excess of 50 000 CZK'.
9. The sentence "For appeals against a decision of the Court of First Instance on the maintenance of a minor child, the custody of a minor child, contact with a minor child, the transfer of a minor child between parents, for minor children of significant importance to whom parents cannot agree, and the designation of a parent representing the minor child in legal proceedings shall be charged in accordance with item 7 (a). '
10. In the Annex to the Fee Box, under item 22, at the beginning of point 10, the sentence "The fee referred to in point 4a (b) shall be charged for appeal against a decision of the Court of First Instance in proceedings for divorce of a marriage."
Čl. V
Transitional provisions
1. Proceedings initiated before the date of entry into force of this Act are subject to judicial fees pursuant to Act No. 549 / 1991 Coll., as effective before the date of entry into force of this Act.
2. An appeal against a decision given before the date of entry into force of this Act, filed from the date of entry into force of this Act, shall be subject to judicial fees under Act No. 549 / 1991 Coll., as effective from the date of entry into force of this Act.

ČÁST ČTVRTÁ

Amendment of the State Social Support Act
Čl. VI
Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 15 / 2004 Coll., Act No. 15 / 2004 Coll.
1. in Article 7 (3) (a), the words "common or alternating" shall be deleted;
2. in Article 7 (10) (h), including footnote 80:
"(h) preliminary or interim adjustment of the ratios of children 80).
80) § 452 et seq. of Act No. 292 / 2013 Coll., on special legal proceedings, as amended. '

ČÁST PÁTÁ

Amendment to the Pension Insurance Act
Čl. VII
Act No. 5 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 13 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15, Act No. 15 / 2011, Act No. 15, Act No. 15 / 2011, Act No. 15, Act No. 15 / 2011, Act No. 15, Act No. 15, Act No. 15, Act No. 15 / 2011, Act No. 15, Act No. 15, Act No. 2011, Act No 2011, Act No 2011, Act No 2011, No 2011, No 2011, No. 15, No 2011, No 2011, No 2011, No. 15, No. 2011, No. 15, No. 15, No. 15, No.
1. In the first sentence of Article 20 (2), the words "entrusted to him by a judgment of the court or on the basis of a judgment 'are replaced by the words" which, by decision of the court or', after the word "the court ', the words" the child is primarily cared for' and the words "the measure 'are inserted after the word" the interim decision'.
2. in Paragraph 20 (3) (h), including footnote 45:
"(h) the judgment of the Court of First Instance on the provisional or provisional treatment of the circumstances of the Court of First Instance (45);
45) § 452 et seq. of Act No. 292 / 2013 Coll., on Special Judicial Procedures, as amended. '
Čl. VIII
Transitional provision
If a child has been assigned to the upbringing of a parent by a decision of a court or a court approved by a parent agreement pursuant to Act No. 89 / 2012 Coll., as effective before the date of entry into force of this Act, the provisions of § 20 (2) of Act No. 155 / 1995 Coll., as effective before the date of entry into force of this Act, shall apply to the assessment of a child taken into care of parents.

ČÁST ŠESTÁ

Amendment to the Act on Social Protection for Children
Čl. IX
Act No. 20 / 13, Act No. 20 / 13, Act No. 20 / 13, Act No. 20 / 13, Act No. 20 / 13, Act No. 20 / 05, Act No. 20 / 01, Act No. 20 / 02 Coll., Act No. 18 / 2002 Coll., Act No. 73 Coll., Act No. 20 / 2004 Coll., Act No. 15 / 2004 Coll., Act No. 52 / 2004 Coll., Act No. 54 / 2006 Coll., Act No. 41 / 2009 Coll., Act No. 75 / 2004 Coll., Act No. 75 Coll.
1. In Paragraph 42b (4), the words "2 'are inserted after the words" 2' and the words "in the care of parents or in the joint care of other persons responsible for education 'are replaced by the words" in their care'.
2. In Paragraph 50b (5), the word 'resolution' is replaced by 'decision' and the words' preliminary action regulation 'are replaced by' preliminary or interim adjustment of the child's circumstances'.
Čl. X
Transitional provisions
1. The method and amount of reimbursement of the costs of providing protection and assistance to a child in an institution for children requiring immediate assistance agreed before the date of entry into force of this Act shall be governed by Act No. 359 / 1999 Coll., as effective before the date of entry into force of this Act.
2. For the purposes of assessing the obligation to pay for the costs of providing protection and assistance to a child in a child facility requiring immediate assistance under Act No. 359 / 1999 Coll., as effective before the date of entry into force of this Act, a child who has been entrusted to the care of a second parent pursuant to § 907 of Act No. 89 / 2012 Coll., as effective before the date of entry into force of this Act, shall also be considered as being effective before the date of entry into the establishment, provided that the effects of the decision on the custody of a child in the care of one parent were maintained.

ČÁST SEDMÁ

Amendment of the Enforcement Order
Čl. XI
Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011 / 2011, Act No. 20 / 2011 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act.
1. In Article 30 (b), the words "including the maintenance of a minor child who has been referred to," shall be inserted after the word "child."
2. In Paragraph 55 (9), the words "including the maintenance of a minor child who has been referred to," shall be inserted after the word "child."
3. in Article 67 (2) (a), the words "including maintenance claims which have been referred to," shall be inserted after the words "maintenance claims";

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Regulation Information

CitationAct No. 268 / 2025 Coll., amending Act No. 89 / 2012 Coll., Civil Code, as amended, and other related laws
Regulation TypeLaw
Author-
CollectionCode of Laws
Date of Promulgation04.08.2025
Effective from01.01.2026
Effective until-
Status Valid
Parliamentary Paper: Paper No. 728
The regulation text is for informational purposes only.
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