HW Legal
Shared Parenting Across Two Countries (i.e. a shared parenting arrangement between two different countries) raises a number of unique legal and practical issues. Today, parents increasingly live in different countries and face the question of whether a child can spend substantial periods of time in both jurisdictions – for example, in the Czech Republic and Slovakia. One common question is: can a child attend two schools?
(Note: As of 2026, Czech law no longer uses the term “shared custody”. Instead, it refers to “parental care with a determination of the extent of each parent’s care of the child”. You can read more about the changes effective from 1 January 2026 here. For simplicity, however, this article uses the term “shared custody” to describe an arrangement in which both parents alternate in caring for the child.)
Shared Parenting Across Two Countries and the Best Interests of the Child
Alternating parental care is generally regarded by Czech courts as the preferred arrangement for children whose parents no longer live together. A shared parenting arrangement between parents residing in different countries is legally possible. However, the court will always assess whether such an arrangement is in the child’s best interests in the specific circumstances of the case.
If a shared parenting arrangement would place an unreasonable burden on the child, the court would not order it. This may be the case, for example, where the child is emotionally vulnerable, strongly attached to only one parent, requires special and intensive care and attention, or has an autism spectrum disorder.
Likewise, a court is unlikely to order an equal division of care where the parents live a considerable distance apart and that distance could significantly disrupt the child’s education, development, or social relationships.
A Child Living in Two Countries: Practical Consequences of Shared Parenting
Where a child is expected to function in two different countries, the arrangement often places a significant burden on the child. In practice, shared parenting across two countries may involve two homes, constant transitions between school environments, different educational requirements, two sets of extracurricular activities, time-consuming travel between countries, and sometimes even two paediatricians or two healthcare systems.
Nevertheless, placing a child in the sole care of one parent remains an exceptional measure. Such an arrangement may be considered where it is necessary to avoid a substantial disruption to the child’s education or to the child’s development through extracurricular activities.
When deciding on care arrangements for a child who is about to start school and whose parents live in different countries, courts typically consider, in particular:
- whether participation in two different school communities is in the child’s best interests (including the child’s resilience and ability to adapt);
- the preservation of the child’s relationship with both parents;
- the practical feasibility of the arrangement (distance, schooling, and day-to-day routine).
Disputes Over a Child’s School: Who Decides and What Is the Procedure?
Disagreements about which school a child should attend are among the most common conflicts between separated parents.
Under Czech law, the choice of a primary school is considered a significant matter concerning a minor child. If the parents cannot reach an agreement, the issue must be decided by the court. Either parent may therefore file an application asking the court to determine which school the child should attend. The matter may also be regulated through a temporary decision (we discuss this in more detail here).
Practical Example: Shared Parenting Across Borders and a Dispute Over a Child’s School
The challenges of shared parenting across two countries are illustrated by a case recently considered by the Czech Constitutional Court.
The father (a Czech national) and the mother (a Slovak national) lived together in the Czech Republic, where their daughter was born. Following their separation, the mother moved to Slovakia, and the child’s care arrangements were structured as shared parenting on a week-on/week-off basis. The child therefore effectively lived in two countries, with two homes and attendance at two kindergartens.
A significant issue arose when the child was due to start primary school. The question that emerged is common in international shared parenting disputes: can a child attend two schools?
The parents were unable to agree in which country the child should begin compulsory education. The father advocated for a Czech primary school, while the mother wished to preserve the existing shared parenting arrangement, even if that meant the child attending school in both countries. In other words, this was a typical dispute over a child’s school in an international context.
The child herself stated that she believed she would be able to attend two schools and function within two educational systems.
The father therefore applied to the court for an interim measure. The court of first instance granted the application and ordered that the child should temporarily begin primary school in the Czech Republic. At the same time, it adjusted the parenting schedule to make school attendance practically manageable, limiting the child’s stays with the mother to weekends.
However, the appellate court overturned that decision. It emphasised that the child had previously managed attendance at two preschool institutions and that restricting contact with the mother could be significantly burdensome for the child. The appellate court accepted that, in certain circumstances, a dual-school arrangement might be the most appropriate solution.
The matter subsequently reached the Constitutional Court, which declined to intervene and left the further assessment to the ordinary courts. Those courts will ultimately have to determine whether shared parenting across two countries and parallel attendance at two schools is genuinely in the child’s best interests in the particular case, or whether the dispute should instead be resolved by designating a single school.
Do You Need Legal Assistance?
Our law firm provides legal assistance in all areas of family law, including international child custody and parenting disputes.
Every case is assessed individually and with the utmost sensitivity to the needs of the child and the family.
If you are dealing with shared parenting across borders, a dispute over your child’s school, or any other complex family law matter, do not hesitate to contact us. We will be happy to discuss your options and advise you on the most appropriate next steps.