Parental responsibility comprises the most important rights and obligations of parents towards a child. The exercise of rights arising from parental responsibility is also a duty of parents. Parental responsibility includes caring for a child, including in particular care for their health, their physical, emotional, moral and intellectual development, protection of the child, personal contact between the parent and the child, proper upbringing and education, determining the place of residence, representing the child, and managing their property. Parental responsibility is created upon the child’s birth. If the mother is known, parental responsibility arises directly at the moment of the birth of the child. The father’s parental responsibility arises either at the same time as that of mother or later; in the case of the father, it depends on the determination of paternity.
Both parents have equal parental responsibility. Every parent has it unless they have been deprived of it. Parental responsibility is exercised by the parents in mutual agreement.
Parental responsibility is exercised by the parents in accordance with the interests of the child. Before making a decision that impacts the interests of the child, the parents shall tell the child everything they need to form their own opinion on the matter and to communicate it to their parents. This does not apply if the child is unable to properly take in this information, is unable to form their own opinion, or is unable to communicate such opinion to their parents. Parents shall pay due attention to the child’s opinion and take the child’s opinion into account when making decisions.
Parental responsibility is exercised by the parents in mutual agreement. If the parents do not agree on a matter of importance for the child, especially with regard to their interests (e.g. not routine medical and similar procedures, determination of the place of residence, choice of education and employment), a court will decide upon a petition by one of the parents. This also applies if one parent has excluded the other parent of the child from decision-making on an important matter.
The exercise of parental responsibility enjoys judicial protection against persons who interfere with the exercise of this right.
Interference in parental responsibility