{"id":1099,"date":"2026-04-13T12:28:04","date_gmt":"2026-04-13T12:28:04","guid":{"rendered":"https:\/\/hwlegal.cz\/?p=1099"},"modified":"2026-04-13T12:31:20","modified_gmt":"2026-04-13T12:31:20","slug":"stridava-pece-dva-staty","status":"publish","type":"post","link":"https:\/\/hwlegal.cz\/en\/stridava-pece-dva-staty\/","title":{"rendered":"St\u0159\u00eddav\u00e1 p\u00e9\u010de ve dvou st\u00e1tech"},"content":{"rendered":"

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 \u2013 for example, in the Czech Republic and Slovakia. For instance: can a child attend two schools?<\/strong><\/p>\n\n\n\n

(Note: as of 2026, the legislation has abandoned the term \u201calternating custody\u201d and now uses the term \u201cparental care with determination of the scope of each parent\u2019s care for the child\u201d; you can read more about the changes effective from 1 January 2026 here<\/a>. The term \u201calternating custody\u201d is used in this article for the sake of simplicity \u2013 it refers to parents taking turns in caring for the child.)<\/em><\/p>\n\n\n\n

Shared custody between two countries and the best interests of the child<\/strong><\/h2>\n\n\n\n

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<\/strong> are always assessed in each individual case.<\/p>\n\n\n\n

If shared custody would constitute an undue burden<\/strong> 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<\/strong>, and such distance could significantly disrupt the child\u2019s school attendance, development, or harm their social ties.<\/p>\n\n\n\n

A child in two countries: practical implications of shared custody<\/strong><\/h3>\n\n\n\n

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.<\/p>\n\n\n\n

Nevertheless, awarding a child to the sole custody of one parent is considered an exceptional measure<\/strong>. It is contemplated in order to prevent a substantial disruption to the child\u2019s schooling or their development through extracurricular activities.<\/p>\n\n\n\n

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:<\/p>\n\n\n\n