Case study 2 - family law - custody of the children - Czech Republic

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In the Czech Republic, these two situations (custody and alimony) of children are always the subject of one set of proceedings and cannot be separated. The fact that the parents of children are not married does not make any difference. If they are married, these proceedings take place before the divorce proceedings.

In case study 2 on family law – custody of the children, Member States were asked to advise the suing party on litigation costs on litigation costs in order to consider the following situations:

Case A – National situation: Two persons have lived together unmarried for a number of years. They have a three year old child when they separate. A court decision grants custody of the child to the mother and a right of access to the father. The mother sues to limit the father’s right of access.

Case B – Transnational situation where you are a lawyer in Member State A: Two persons have lived together unmarried in a Member State (Member State B) for a number of years. They have a child together but separate immediately after the child’s birth. A court decision in Member State B gives the child’s custody to the mother with a right of access to the father. The mother and the child move to live in another Member State (Member State A) as authorized to do so by the Court decision and the father remains in Member State B. A few years later, the mother sues in Member State A to change the father’s right of access.

  • In case study 3 on family law – alimony, Member States were asked to advise the suing party on litigation costs on litigation costs in order to consider the following situations:

Case A – National situation: Two persons have lived together unmarried for a number of years. They have a three year old child when they separate. A court decision grants custody of the child to the mother. The only outstanding dispute relates to the amount of the alimony owed to the mother by the father for the support and education of the child. The mother sues on this.

Case B – Transnational situation where you are a lawyer in Member State A: Two persons have lived together unmarried in a Member State (State B). They have a three year old child. They separate. A court decision in Member State B gives the child’s custody to the mother. With the agreement of the father, the mother and the child move to live in another Member State (Member State A) where they establish their residence.

An outstanding dispute remains. This relates to the amount of the alimony owed to the mother by the father for the support and education of the child. The mother sues on this in Member State A.


Costs of proceedings

Costs in the Czech Republic

Costs of court, appeals and alternative dispute resolution


Case Study

Court

Appeals

ADR

Initial court fees

Transcription fees

Other fees

Initial court fees

Transcription fees

Other fees

Is this option open for this type of case?

Costs

Case A

CZK 0

Not applicable (N/A)

N/A

CZK 0

N/A

N/A

Yes

CZK 500 – 1000 per hour

Case B

CZK 0

Not applicable (N/A)

N/A

CZK 0

N/A

N/A

Yes

CZK 500 – 1000 per hour



Costs for lawyer, bailiff and expert


Case Study

Lawyer

Bailiff

Expert

Is representation compulsory?

Average costs

Is representation compulsory?

Pre-judgement costs

Post-judgement costs

Is use compulsory?

Cost

Case A

No

Usually contractual, depends on number of court sessions

(from CZK 5000)

No

-

-

No

CZK 350 per hour

Case B

No

Usually contractual, according to circumstances

No (depends on other country)

-

-

No

CZK 350 per hour


Costs for witness compensation, pledge or security and other relevant fees


Case

Study

Witness compensation

Pledge or security

Other fees

Are witnesses compensated?

Cost

Does this exist and when and how is it used?

Cost

Description

Cost

Case A

Yes, in relation to the real cost of their expenses

Differs in each situation

Not in these types of proceedings

-

-

-

Case B

Yes, in relation to the real cost of their expenses

Differs in each situation

Not in these types of proceedings

-

-

-



Costs for legal aid and other reimbursement



Case

study

Legal Aid

Reimbursement

When and under what conditions is it applicable?

When is support total?

Conditions?

Can the winning party obtain reimbursement of litigation costs?

If reimbursement is not total, what is percentage in general?

What costs are never reimbursed?

Are there instances when legal aid should be reimbursed to the legal aid organisation?

Case A

Only NGO

-

-

Not in general (only in particular cases where the income of the winning party is very low)

-

There is no court fee, so reimbursement may only relate to the lawyers’ fees.

No

Case B

See directive on legal aid in cross-border disputes

-

-

No

-

-

No


Costs for translation and interpretation


Case

study

Translation

Interpretation

Other costs specific to cross-border disputes?

When and under what conditions is it necessary?

Approximate cost?

When and under what conditions is it necessary?

Approximate cost?

Description

Approximate cost?

Case A

Original documents in foreign language, necessary for proceedings

A minimum of CZK 350 per page

-

-

-

-

Case B

Original documents in foreign language, necessary for proceedings

A minimum of CZK 350 per page

When a party or witness is foreign or does not understand Czech

CZK 350 per hour

-

-



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Last update: 07/06/2019