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

Czechia

In this case study on family law – custody of the children, Member States were asked to advise the suing party on litigation costs in 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 authorised 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.

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Czechia

Costs in the Czech Republic

Indicative costs for court, appeals and alternative dispute resolution

Case study	First-instance court proceedings			Appellate proceedings			Alternative dispute resolution
	Initial court fees	Transcription fees	Other fees	Initial court fees	Transcription fees	Other fees	Can this be used in this specific case?	Costs
Case A	CZK 0	Not applicable (N/A)	N/A	CZK 0	N/A	N/A	Yes	Contractual (CZK 400 for each, even incomplete, hour in the case of a court-mandated introductory meeting with a mediator)
Case B	CZK 0	Not applicable (N/A)	N/A	CZK 0	N/A	N/A	Yes	Contractual (CZK 400 for each, even incomplete, hour in the case of a court-mandated introductory meeting with a mediator)

Indicative costs for a lawyer, licenced enforcement agent and expert

Case study	Legal representation		Licenced enforcement agent			Expert
	Is representation compulsory?	Average cost	Is use compulsory?	Pre-judgment costs	Post-judgment costs	Is use of an expert compulsory?	Costs
Case A	No	Contractual, CZK 1 000 per task according to the lawyer’s tariff	No	-	-	No	CZK 100 to CZK 350 per hour
Case B	No	Contractual, CZK 1 000 per task according to the lawyer’s tariff	No (depends on the other country)	-	-	No	CZK 100 to CZK 350 per hour

Costs for witness compensation, deposits, securities and other relevant fees

Case study	Witness compensation		Deposit or security		Other costs
	Are witnesses compensated?	Costs	Does this exist and when and how is it used?	Costs	Description	Costs
Case A	Yes, depending on their actual costs	Differ according to the circumstances of the case	Not in this type of proceedings	-	-	-
Case B	Yes, depending on their actual costs	Differ according to the circumstances of the case	Not in this type of proceedings	-	-	-

Costs for legal aid and the reimbursement of expenses

Case study	Legal aid			Reimbursement
	When and under what conditions is it applicable?	When is full legal aid given?	Conditions?	Can the winning party obtain reimbursement of litigation costs?	If reimbursement is not comprehensive, what is the usual percentage of the costs covered?	What costs are never reimbursed?	Are there instances when legal aid should be reimbursed to the legal aid organisation?
Case A	Only NGOs	-	-	Usually not. However, the court may grant the reimbursement of costs if justified by the circumstances.	-	Depends on the court’s decision, usually none	No
Case B	See the Directive concerning application of legal aid in cross-border disputes	-	-	Usually not. However, the court may grant the reimbursement of costs if justified by the circumstances.	-	Depends on the court’s decision, usually none	No

Translation and interpreting costs

Case study	Translation		Interpreting		Other costs specific to cross-border disputes?
	When and under what conditions is it necessary?	Approximate costs?	When and under what conditions is it necessary?	Approximate costs?	Description	Approximate costs?
Case A	Original documents in a foreign language necessary for the proceedings	CZK 100 to CZK 350 per page	-	-	-	-
Case B	Original documents in a foreign language necessary for the proceedings	CZK 100 to CZK 350 per page	In cases where a party or a witness is a foreign national or does not understand Czech	CZK 100 to CZK 350 per hour	-	-

Last update: 17/03/2014

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