Act No. 295 / 2008 Coll.
Act amending Act No. 99 / 1963 Coll., Civil Code, as amended, and Act No. 359 / 1999 Coll., on Social Protection of Children, as amended
Valid
Law
Effective from 01.10.2008
Text versions:
01.10.2008
19.08.2008
295
THE LAW
of 16 July 2008
amending Act No. 99 / 1963 Coll., the Civil Code, as amended, and Act No. 359 / 1999 Coll., on the Social Protection of Children, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Civil Code
Act No. 1 / 2006, Act No. 5, Act No. 6, Act No. 5, Act No. 6, Act No. 6, Act No. 6, Act No. 6, Act No. 6, Act No. 6, Act No. 6, Act No. 6, Act No. 6, Act No. 6, Act No. 6, Act No. 6, Act No. 6 / 2001, Act No. 6 / 2001, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 6 / 2006, Act No. 5 / 2004, Act No. 6 / 2004, Act No. 6 / 2001, Act No. 5, Act No. 6 / 2004, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 5, Act No. 6, Act No. 6, Act No. 6, Act No. 6, Act No. 2006, Act No. 2006, Act No. 6, No 2006, Act No. 2006, No 2006, Act No. 6, Act No. 2006, Act No. 2006, Act No. 2006, No 2006, No. 2006, No. 2006, No. 2006, No. 2006, No. 2006, No. 2006, No. 2006, No. 2006
1. In Paragraph 35 (1), the dot is replaced by a comma at the end of point (m) and the following point (n) is added:
"(n) the return of the child in cases of international child abduction (§ 193a)."
2. Paragraph 76a (1) reads as follows:
"(1) If a minor child is present without any care or if his or her life or good development is seriously threatened or disturbed, the President of the Chamber shall order the provisional measure to be placed in the appropriate environment, which he or she shall indicate in the resolution, for the period necessary. An appropriate environment means an educational environment for a person or establishment capable of providing proper care to a minor child with regard to his physical and mental condition, as well as reasonable maturity, and enabling any other measures provided for in the interim measure to be implemented. Where a child is entrusted to foster care under special legislation (33a) for a transitional period after which the consent of the parent can be given to the adoption of the child or for a period until the court's decision that the consent of the parent to be adopted is not required, the court shall entrust the child to foster care with a provisional measure. ';
3. In Paragraph 76a, the following paragraph 5 is inserted after paragraph 4:
"(5) If the jurisdiction of the Czech courts is not given in substance, the time limits referred to in paragraph 4 shall not apply. The total duration of the provisional measure referred to in this paragraph shall not exceed 6 months. ';
Paragraph 5 shall become paragraph 6.
4. In Article 88, at the end of point (o), the dot is replaced by a comma and the following point (p) is added:
"(p) in whose territory the Office for International Law Protection of Children is established, when proceedings concerning international child abductions are carried out under an international treaty which is part of the legal order 62g) or under the directly applicable regulation of the European Community62h).
62g) Convention on Civil Aspects of International Child Abduction, published under No 34 / 1998 Coll.
(62h) Council Regulation (EC) No 2201 / 2003 of 27 November 2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial and parental matters and repealing Regulation (EC) No 1347 / 2000. "
5. In Paragraph 100, the following paragraph 3 is inserted after paragraph 2:
"(3) In matters relating to the care of minors, the court may order participants to participate in out-of-court conciliation or mediation or family therapy for a maximum period of 3 months. Participation in out-of-court conciliation or mediation or family therapy may not be imposed for the duration of the interim measure provided for in Article 76b (1). '
Paragraph 3 shall become paragraph 4.
6. Paragraph 100 (4) reads as follows:
"(4) In proceedings involving a minor child who is able to express his or her views, the court shall proceed to establish his or her opinion on the matter. The opinion of a minor child shall be established by the court by questioning the child. In exceptional cases, the Court may also establish the opinion of the child through its representative, expert opinion or the competent body of the social protection of children. An examination of the child may be conducted by the court without other persons present, if they can expect their presence to affect the child in such a way that they do not express their true opinion. The opinion of the child shall be taken into account by the court, having regard to its age and reasonable maturity. '
7. In Paragraph 110, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) If the parties agree to conduct out-of-court conciliation or mediation proceedings and to allow the court to request information on the conduct of the proceedings from the person or establishment to be conducted out of court, the court shall stay the proceedings if this does not preclude the purpose of the proceedings. At the same time, the Court of First Instance may lay down the conditions for the further duration of the stay of proceedings, in particular the obligation for the parties to inform the court of the course and outcome of the out-of-court conciliation or mediation proceedings. This obligation shall not apply to the provision of information on facts which have arisen during the out-of-court conciliation or mediation negotiations and which have not been reflected in the outcome of such negotiations. ';
8. Paragraph 111 (3) reads as follows:
"(3) If the proceedings are suspended under Paragraph 110, the court shall, on application, proceed after three months. Where the proceedings are suspended pursuant to Paragraph 110 (2), the court shall, in view of the nature of the proceedings in question, regularly examine the state of the out-of-court hearing. With the exception of the divorce proceedings, the court may, on application and in the cases provided for in Paragraph 110 (2), of its own motion, continue the proceedings before the expiry of that period, if there are serious grounds for doing so. If an application for continuation of proceedings is not lodged within one year, the court shall terminate the proceedings. ';
9. Paragraph 162 (1) reads as follows:
"(1) Judgments condemning
(a) to pay the maintenance or employment pay for the last 3 months before the judgment is delivered;
(b) the return of a child, issued in proceedings for the return of a child in cases of international child abduction pursuant to Article 193a. ';
10. In Article 176, the following paragraph 3 is added:
"(3) In the judgment on the contact of parents, grandparents and siblings with the child, the raising of the child or the return of the child, the court shall, in accordance with Article 273, instruct the parties to exercise the judgment by imposing fines or withdrawing the child in the event of failure to fulfil the obligations laid down in the judgment. '
11. The following Sections 193a to 193e are inserted after Section 193:
"Proceedings for the return of a minor in international child abductions
(1) The parties to proceedings for the return of a minor in respect of international child abductions under an international treaty which is part of the legal system 62g) or under the directly applicable regulation of the European Community62h) (hereinafter referred to as the "return proceedings") are:
(a) he whose right to care for a child, carried out in accordance with the law of the State in which the child was habitually resident immediately prior to transfer or detention, has been violated (applicant);
(b) he who infringes the right to custody of a child, carried out under the law of the State in which the child was habitually resident immediately prior to transfer or detention (defendant),
(c) a child.
(2) Where a minor parent of a child is a participant, he shall have procedural capacity in this proceedings. Paragraph 23 can only be applied if the parent has not reached the age of 16.
(1) In proceedings for the return of a child, the court shall rule on the case itself by judgment.
(2) The court shall decide the other matters by order.
(3) In proceedings for the return of the child, the proceedings may not be suspended for the reasons set out in Part Three of this Act, except for the reason set out in Paragraph 109 (1) (d), and the absence of a deadline shall be waived. It is also not possible to bring an action for renewal and an action for confusion.
(1) The Court of First Instance shall, on its own motion, take appropriate measures to ensure the conditions for the return of the child (Paragraph 74), in particular to:
(a) judicial supervision of the movement of the child within the territory of the State;
(b) preventing the child from leaving the territory of the State without the consent of the court;
(c) prevent any breach of personal ties between the child and the applicant.
(2) The Court of First Instance shall, on application by the applicant, also decide on the provisional arrangements for the applicant's contact with the child if the applicant certifies the right to care for the child.
(3) The court shall take appropriate measures without delay, as a rule without hearing the parties.
(1) The Court of First Instance shall, within 3 days of the initiation of the proceedings, require the defendant by order to make his observations in writing within 7 days of service of the order in the case and, in the event that he disagrees with the application for the return of the child,
(a) in its observations, describe the decisive facts on which it builds its defence,
(b) add to the statement the documentary evidence relied on;
(c) indicate the evidence to prove its claims and indicate whether it is waiving the right to participate in the proceedings.
(2) The order referred to in paragraph 1 shall be delivered to the defendant in his own hands, the replacement service being excluded. The order may not be served on the defendant before the action.
(3) If, without serious cause, the defendant, at the request of the court referred to in paragraph 1, fails to express in due time and within the prescribed time limit of the court, to state what serious reason is preventing him from doing so, the defendant shall be deemed to waive his right to participate in the proceedings and shall not object to the application for the return of the child brought against him; He must be advised of this effect.
(1) There is no need to order proceedings in proceedings for the return of the child,
(a) if the defendant is deemed to have no objection to the application for the return of the child (§ 193d); or
(b) if the case is decided on the basis of the parties to the paper evidence submitted alone and the parties have waived the right to participate in the hearing, or if they agree to the decision of the case without regulation or if the parties to the proceedings have waived or agree to the decision of the case without regulation (§ 101 (4)).
(2) If there are no grounds of special consideration, the Court of First Instance shall, as a general rule, give its judgment on the substance within 6 weeks of the initiation of the proceedings; where the court gives the decision after the expiry of the time limit, it shall state in the statement the reasons for the decision of the fact for which it was not possible to comply.
(3) The Court of First Instance may, in a decision, make the return of the child conditional or conditional on the fulfilment by the applicant of adequate guarantees or by decision or by taking other measures by the authorities of the State to which the child is to be returned.
(4) In the judgment, the court will inform the parties of the possibility of exercising the judgment by withdrawing the child. "
12. in Paragraph 202 (1) (j), "(§ 114b)" is replaced by "(§ 114b, 193d)."
13. In Paragraph 202, the dot is replaced by a semicolon at the end of paragraph 1 and the following point (l) is added:
"(l) measures have been decided to ensure the conditions for the return of the child (§ 193c)."
14. The following Section 211b is inserted after § 211a:
The Court of Appeal may defer the provisional enforceability of the judgment condemning the return of the child if the return of the child has not taken place [Paragraph 162 (1) (b)]. '
15. The following Section 218b is inserted after Paragraph 218a:
The Court of Appeal shall decide on an appeal against a preliminary ruling pursuant to Articles 76 (1) (b), 76a and under Article 76b within 15 days of the referral to the Court of Appeal. '
16. In Paragraph 237, at the end of paragraph 2, the dot is replaced by a comma and the following point (c) is added:
"(c) in cases of international child abductionunder an international treaty which is part of the legal order 62g) or under the directly applicable regulation of the European Community62h).";
17. in Article 238a (1), the words "if not the procedure for the enforcement of a decision on the return of a child in cases of international child abduction under an international treaty which is part of the legal order 62g), or under the directly applicable regulation of the European Community62h" shall be added at the end of the text of points (c) and (d);
18. In Article 270 (3), the first sentence is replaced by the following: "The State shall, in respect of the enforcement of decisions on the education of minors against the compulsory right to reimbursement of the costs of out-of-court conciliation or mediation, family or other appropriate therapy which it has paid if the debtor is not eligible for exemption from judicial fees."
19. in Paragraph 272 (2):
"(2) If the court finds specific reasons, or if the court has not been informed of the consequences of failure to comply with a judicial decision or a court-approved agreement on the education of, and the treatment of, minors, or of the decision to return a child, in a decision or agreement, it shall invite it to comply with a judicial decision or court-approved agreement and to instruct it to exercise the judgment by imposing fines or withdrawal. ';
20. § 273 reads:
(1) The Court of First Instance shall order the enforcement of a judgment by imposing a fine on those who fail to comply voluntarily with a judicial decision or a court approved by an agreement on the education of minors or, where appropriate, to regulate their contact with them or to decide on the return of the child. Enforcement by the imposition of a fine may be ordered again only if it is expedient; the amount of the individual fine may not exceed CZK 50,000. The fines belong to the State and the court records the amount of fines recovered.
(2) If useful, the court may
(a) any person who does not voluntarily comply with a judicial decision or a court-approved agreement on the education of minor children or, where appropriate, the arrangements for contact with them or for the return of the child, impose on him, for a maximum period of 3 months, participation in out-of-court conciliation or mediation or family or other appropriate therapy;
(b) if the conditions for amending the decision referred to in Article 163 (2) are not met, establish a plan for the recovery regime (hereinafter referred to as the plan), if it is in the interests of the child. The plan shall be established in such a way as to enable the child to have gradual contact with the person entitled to contact it. The Court of First Instance shall, as a general rule, arrange for expert advice on the suitability, content, scope and duration of the plan before establishing the plan. The court shall entrust the competent person or establishment with the task of monitoring the implementation of the plan if the court does not exercise the control directly. If the court finds that a breach of the plan has been found by one of the parties to the proceedings affecting the purpose of the procedure or if it concludes that the procedure does not fulfil its purpose, it shall revoke the plan and proceed to the enforcement of the decision referred to in paragraph 3.
(3) If the action of the court referred to in paragraphs 1 and 2 remains without result, the court shall order the execution of the judgment by withdrawing the child against whom it is not to be with the decision or agreement and its transmission to the person to whom it has been entrusted or to be returned under the decision or agreement or to whom the decision or agreement confers the right to contact the child for a limited period of time.
(4) At the request of a legal representative or guardian of a minor child, funds may be used for the reimbursement of costs incurred and proven, subject to the decision of the court, up to the amount of the fines recovered which are registered in accordance with paragraph 1. The Court of First Instance shall not admit the drawing of funds to a representative of a minor child in cases where he who has been ordered to comply with a judicial decision or a court-approved agreement on the education of, and the treatment of, minors or a decision on the return of a child fails to comply voluntarily.
(5) The enforcement regulation referred to in paragraph 3 shall be binding on everyone. It shall be carried out by the Tribunal in cooperation with the competent national authorities.
(6) Where the execution of a decision requires the removal of a child, the person carrying out the exercise shall be entitled to inspect the premises and other rooms of the debtor or of another person if it is possible to assume that the child is present; to that end, he shall be entitled to arrange for access to the apartment and other rooms of the debtor or other person. The persons referred to in the first sentence are required to allow this approach.
(7) The court referred to in Article 88 (c) shall be responsible for the enforcement of a judicial decision or a court-approved agreement on the education of minors and for the treatment of contact with them or the decision on the return of the child; if the enforcement of a decision on the return of a child is carried out in respect of international child abductions under an international treaty which is part of the legal order 62g) or under the directly applicable regulation of the European Communities (62h), the court referred to in Article 88 (p) shall be responsible. ';
21. in Article 273a (1) and (2):
"(1) If the court has ordered interim measures to bring a minor into an appropriate environment (§ 76a), it shall ensure that the child is carried out without delay.
(2) The enforcement of the decision shall be carried out by transferring the minor child, in cooperation with the competent national authorities, to the appropriate environment; if the child is with another person or in an establishment, it shall be removed from the child for the purpose of placing in an appropriate environment. Paragraphs 272 (2) and (3) and 273 (1) to (5) and (7) shall not apply. ';
Transitional provision
Act No. 99 / 1963 Coll., as effective from the date of entry into force of this Act, shall also apply to proceedings initiated before the date of entry into force of this Act and not final before that date; the legal effects of the proceedings before the date of entry into force of this Act remain.
Amendment to the Act on Social Protection for Children
Act No. 359 / 1999 Coll., on the Social Protection of Children, as amended by Act No. 257 / 2000 Coll., Act No. 272 / 2001 Coll., Act No. 309 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 518 / 2002 Coll., Act No. 222 / 2003 Coll., Act No. 52 / 2004 Coll., Act No. 315 / 2004 Coll., Act No. 436 / 2004 Coll., Act No. 165 / 2006 Coll., Act No. 176 / 2007 Coll., Act No. 57 / 2005 Coll., Act No. 81 / 2005 Coll., Act No. 112 / 2006 Coll., Act No. 134 / 2006 Coll., Act No. 165 / 2006 Coll., Act No. 176 / 2007 Coll., Act No. 124 / 2008 Coll., is amended as follows:
In Paragraph 14, paragraphs 5 to 8 are added:
"(5) The municipal authority of the municipality with extended competence and the persons involved in the enforcement of the decision shall act in synergy in accordance with paragraph 4 with a view to:
(a) the enforcement imposed by a judicial decision; and
(b) to act on the debtor to comply voluntarily with the judgment.
(6) The municipal authority of the municipality with extended competence or persons involved in the enforcement of decisions shall provide the child with the necessary explanation of the situation, in a manner appropriate to his age and reasonable maturity, unless the circumstances of the case rule out.
(7) The provision or brokering of professional assistance to the child, or, where appropriate, to its parents or other persons responsible for raising the child, shall also be deemed to be a synergy under paragraph 4.
(8) The municipal authority of the municipality with extended competence or persons involved in the enforcement of decisions shall be obliged to proceed at the maximum speed possible in the execution of the decision. ';
EFFECTIVE
That law shall take effect on the first day of the second calendar month following its publication.
Wolf
Klaus v. r.
v. Chunek v. r.
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Regulation Information
| Citation | Act No. 295 / 2008 Coll., amending Act No. 99 / 1963 Coll., Civil Code, as amended, and Act No. 359 / 1999 Coll., on the Social Protection of Children, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.08.2008 |
|---|---|
| Effective from | 01.10.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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