Advokátní kancelář Olomouc - JUDr. Marek Matěna
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Interim Child Custody Decisions – A Lawyer from Olomouc and Ostrava Will Assist with New Preliminary Injunctions in Family Law

Prozatímní rozhodnutí v péči o dítě – s novým předběžným opatřením v rodinném právu pomůže advokát z Olomouce a Ostravy

A lawyer can file a petition for an interim decision on your behalf if it is in the child’s best interest to have their circumstances provisionally addressed. Such a petition may be considered, for example, when one parent refuses to hand over the child to the other parent, or when parents cannot agree on child custody and an interim decision is in the child’s best interest. Furthermore, this petition can be filed if one parent is not paying child support.

The court then takes any existing parental agreement into account when making the interim decision.

An interim decision must be issued without undue delay, no later than 3 months from the filing of the petition. Traditional preliminary injunctions in family law are thus replaced by interim decisions.

Unlike a preliminary injunction, which was issued without seeking the other parent’s opinion, the court orders a hearing or another judicial session (a less formal meeting with the judge) for an interim decision, where it determines the position of the other parent and the child.

The person who filed the petition for an interim decision will also have to prove that they attempted to communicate with the other parent, or explain why such communication did not occur.

However, it is necessary to carefully consider whether the conditions for filing a petition for an interim decision are met. If the petition completely misses the essence of the matter—particularly in cases of arbitrary and unsuccessful exercise of rights—the court will dismiss it. Following a dismissal, a new petition for an interim decision can only be filed after 3 months. Therefore, it is recommended to consult with a lawyer first.

Furthermore, it is important to know that this decision does not last indefinitely. A petition on the merits of the case must then be filed, where the court may decide differently.

Do I need to visit the lawyer’s office in person? Not if you do not wish to.

You can also contact us by phone, email, or video call, where we will advise you on whether filing a petition for an interim decision is a suitable solution for you.

WHAT NEEDS TO BE SUBMITTED WITH THE PETITION?

  1. A description of the facts justifying the interim decision, as well as information regarding communication between the parents.
  1. Your email or phone number so that the court can contact you.
  2. The petition must include evidence that you sent a notification to the other parent stating your intention to file for an interim decision.
  1. Children’s birth certificates.
  2. Other documents and evidence, such as correspondence with the other parent who refuses to hand over the child.

AK Matěna assists its clients not only with drafting court petitions

The law firm of JUDr. Marek Matěna in Olomouc, Ostrava, Zlín, Pardubice, and Frýdek-Místek has long specialized in family law. We can draft not only a petition for an interim decision, but also other petitions or preliminary injunctions for you. If you are dealing with a family situation, custody, child support, or any other legal issue, do not hesitate to contact us. Our law firm will attend to you immediately and assist you with everything.

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Advokát Olomouc, Ostrava a Pardubice - JUDr. Marek Matěna
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JUDr. Marek Matěna

Attorney and founder of a law firm providing legal services in all major areas of law. He focuses primarily on contract, family, and criminal law, debt recovery, damages, and intellectual property. His hobby is sports law, which he practices not only for his clients but also within the football bodies of which he is a member. The fundamental mission of the law firm is to help prevent clients' legal problems and, if they already exist, to resolve them to their utmost satisfaction. More about me.

I also publish here: Právníprostor.cz | ePravo.cz | Právo21.cz | Médium.cz

Frequently Asked Questions

How can you contact us?

Ideally via the contact form on the website or via email at [email protected]. Alternatively, you can contact us by phone. However, we are often in meetings or at court, so we may not answer the call, but we will call you back as soon as possible.

Yes, in many cases personal contact with the client is not necessary at all and the service can be provided entirely remotely online to the client’s satisfaction. This saves both the client’s time and money.

In the vast majority of cases, we respond on the same or the following day.

Most often via a phone or video call. However, if the client prefers a face-to-face meeting, myself or one of my colleagues will meet them at the office. Occasionally, some clients prefer to consult the matter in writing via email.

No. In all likelihood, no one will even open the door. Since we have various meetings in different cities, we are often on the road. Many of us also work from home. It is therefore ideal to arrange a meeting via the contact form, email, or by phone.

The list of legal services our firm handles is provided on our website on the homepage or in the services section of the menu. Most frequently, these include family law, criminal law, misdemeanor law, contract law, inheritance law, labor law, and debt recovery.