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?
- A description of the facts justifying the interim decision, as well as information regarding communication between the parents.
- Your email or phone number so that the court can contact you.
- The petition must include evidence that you sent a notification to the other parent stating your intention to file for an interim decision.
- Children’s birth certificates.
- 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.
