A minor child follows his/her parents “for better and also for worse”

The Constitutional Court has complied with mother´s constitutional complaint (legally represented by the attorney-at-law JUDr. Kateřina Sekaninová) who applied for return of her minor daughter from grandparents. By its ruling in the case, reference number I. ÚS 1319/20 of the 30th of November, 2020 declared on the 2nd of December, 2020 the Constitutional Court in Brno cancelled the judgement of the Regional Court in Brno that was issued in a so called return proceedings (proceedings in accordance with the Hague Convention on the Civil Aspects of International Child Abduction) because it violated fundamental rights of the claimant for protection against unjustified interference in her private and family life in accordance with article 10, (2) of the Charter for the Protection of Human Rights and Fundamental Freedoms, the rights for care of children and their upbringing in accordance with article 32 (4) of the Charter and for fair trial in accordance with article 36 (1) of the Charter l.

The Constitutional Court pointed out that the determination of the habitual residence of the minor child was a privilege of a parent who has the right (and at the same time the duty) to care and upbringing of the child in accordance with article 32 (4) of the Charter and not of grandparents. The minor child follows his/her parents „for better and also for worse”. It is not acceptable for anybody (inclusive grandparents) to remove the child from the parent´s custody without permission in case of a different opinion of his/her upbringing. If the parental upbringing (care or its absence) causes inadequate harm to a minor child, the parents can be deprived from the parental responsibility or their responsibility can be limited. But only on the basis of law and court decision. The full wording of the concerned ruling can be found here.