If one parent prevents the other from having contact with a minor child – whether after a separation or during divorce proceedings and proceedings on the exercise of parental rights and duties – the solution may be to apply for an interim measure (neodkladné opatrenie) under § 325(2)(d) of the Slovak Code of Civil Contentious Procedure. Through it, the court can temporarily, and with immediate enforceability, regulate contact (including precise days, times and handover obligations), thereby preventing the loss of the emotional bond and estrangement. An interim measure does not predetermine the final decision on the merits, but it protects the child's best interest in maintaining ties with both parents.
Personal and regular contact between a minor child and both parents is one of the most important factors influencing the child's healthy psychosocial development. The legal order guarantees the child the right to know their parents and to be raised by them – through the Slovak Family Act, the Constitution of the Slovak Republic and the Convention on the Rights of the Child.
In practice, however, during a marital crisis or divorce proceedings, situations often arise where the parent who has the child in their de facto care restricts or entirely denies contact to the other parent.
Without regular personal contact, the creation and maintenance of attachment bonds between a biological parent and a child gradually weakens and may ultimately disappear altogether. It follows from the case law of the European Court of Human Rights (ECtHR) and from the conclusions of the Czech Constitutional Court that (e.g. Czech Constitutional Court finding file no. I. ÚS 618/05).
The legal nature of contact: Until a final court decision entrusting the child to the personal care of a parent, the right of contact forms part of the parent's general right to raise the child and have the child with them. If the court grants sole personal care to one parent, the other parent's right of contact becomes a separately regulated right. In cases of alternating or joint care, contact is not regulated separately, as it is inherent in the exercise of care itself. Moreover, neither parent loses their parental rights and duties upon divorce.
The exercise of the right of contact is primarily left to the parents' agreement. However, if the parents do not live together and cannot reach a consensus – especially where one parent obstructs contact – the court's subsidiary intervention comes into play. Where contact needs to be regulated immediately, before the final conclusion of the proceedings on the merits (e.g. proceedings on divorce and on the exercise of parental rights and duties), the Slovak Code of Civil Non-Contentious Procedure contains no specific rules. The procedure under the Slovak Code of Civil Contentious Procedure therefore applies on a subsidiary basis. Under § 325(2)(d) of the Slovak Code of Civil Contentious Procedure, the court may, by an interim measure, order a party to do something, refrain from something, or tolerate something.
An interim measure performs a stabilising function. It creates a safe starting point for the subsequent decision on the merits and prevents sudden, traumatic changes in the child's life. It has no prejudicial effect – the temporary arrangement may therefore differ from the final arrangement after the divorce.
What must the applying parent demonstrate to the court?
When applying for an interim measure in matters of contact, you must demonstrate:
When deciding, the court always takes into account the minor's current psychological and emotional state. If the child has no established relationship with the other parent or has had no contact with them for a long time, a sudden full-weekend handover could be psychologically traumatic. In such cases, the court sets the extent of contact proportionately:
For a comprehensive and stable resolution of the extent of contact, full evidentiary proceedings on the merits must then follow.
Is the other parent obstructing contact with your minor child?
In family-law matters, time works against you, and every week without contact increases the risk of estrangement. We will help you prepare and file an application for an interim measure so that the court quickly and effectively protects your rights and the best interests of your child.
Arrange a no-obligation consultation with us.
