Shared custody abroad (i.e. shared custody between two countries) raises specific legal as well as practical issues. Parents increasingly live in different countries and face the question of whether it is possible for a child to reside alternately in both states – for example, in the Czech Republic and Slovakia. For instance: can a child attend two schools?
(Note: as of 2026, the legislation has abandoned the term “alternating custody” and now uses the term “parental care with determination of the scope of each parent’s care for the child”; you can read more about the changes effective from 1 January 2026 here. The term “alternating custody” is used in this article for the sake of simplicity – it refers to parents taking turns in caring for the child.)
Shared custody between two countries and the best interests of the child
The alternation of parents in caring for a child is generally the preferred arrangement by courts for regulating the situation of children and parents who do not live together. Shared custody of parents residing in different countries is legally possible. However, the best interests of the child are always assessed in each individual case.
If shared custody would constitute an undue burden on the child, the court would not order it (for example, if the child concerned is emotionally unstable, is strongly attached to only one parent, requires special and more intensive care and attention, suffers from an autism spectrum disorder, etc.). Likewise, the court will not order equal alternation if the parents live very far apart, and such distance could significantly disrupt the child’s school attendance, development, or harm their social ties.
A child in two countries: practical implications of shared custody
If a child is to function in two countries, this often entails a significant burden. In practice, shared custody across two states may involve, for example, two residences, continuous changes in the school environment, differing academic requirements, two sets of extracurricular activities, time-consuming travel between countries, and sometimes even two pediatricians or healthcare systems.
Nevertheless, awarding a child to the sole custody of one parent is considered an exceptional measure. It is contemplated in order to prevent a substantial disruption to the child’s schooling or their development through extracurricular activities.
When determining a parenting arrangement for parents living in different countries in respect of a child commencing school attendance, the following factors are assessed in particular:
- whether the child’s integration into two school communities is in their best interests (in particular the child’s resilience),
- the preservation of the child’s relationship with both parents,
- the practical feasibility (distance, schooling, daily routine).
Dispute over a child’s school: who decides and how to proceed
Disputes over which school a child will attend are among the most common conflicts between parents after separation.
The choice of a primary school is considered a significant matter concerning a minor child, which is decided by the court if the parents fail to reach an agreement. In the event of disagreement, either parent may therefore file a motion for a court decision. The matter may also be regulated by an interim decision (we have discussed this in more detail here).
Practical example: shared custody across countries and a dispute over a child’s school
The pitfalls of shared custody across countries are illustrated by a case recently addressed by the Constitutional Court. The father (Czech) and the mother (Slovak) lived together in the Czech Republic, where their daughter was born. After their separation, the mother moved to Slovakia and the care arrangement was set as shared custody on a “week-on/week-off” basis. The girl thus functioned in two countries – she had two residences as well as attended two kindergartens.
A fundamental issue arose when the child was due to start primary school. This raised a question that is common in disputes over shared custody across countries: can a child attend two schools?
The parents were unable to agree on the country in which the child should start school. The father advocated for a Czech school, while the mother sought to maintain the existing shared custody arrangement, even at the cost of parallel school attendance. In other words, it was a typical dispute over a child’s school in an international context. The child herself stated that she would be able to attend two schools – i.e. to function within a school regime in two countries.
The father therefore applied to the court for an interim measure. The court of first instance granted the application and decided that, for the time being, the child would start primary school in the Czech Republic. At the same time, it adjusted the care arrangement to ensure that school attendance would be realistically manageable (by limiting time spent with the mother to weekends).
However, the appellate court set this decision aside. It emphasized that the child had previously managed to function within two preschool settings and that restricting contact with the mother could be significantly burdensome for the child. It accepted that even the option of “dual school attendance” might be the most appropriate.
The matter was subsequently also examined by the Constitutional Court, which decided not to intervene and left the further assessment to the ordinary courts. These will therefore have to ultimately determine whether shared custody across two countries and any parallel school attendance are, in the specific case, truly in the best interests of the child – or whether the dispute over the child’s school should be resolved by designating a single school.
Do you need legal assistance?
Our law firm provides legal assistance in the field of family law, including disputes over child custody with an international element. We assess each case individually and with the utmost sensitivity.
If you are dealing with shared custody across countries, a dispute over a child’s school, or another complex situation, do not hesitate to contact us – we will be happy to discuss your options and the next steps with you.
