If the parents are unanimous about the child's future living arrangements, divorcing spouses are able to enter into agreements independently. This can be done verbally, but for the sake of clarity, it is better to formalize them in writing because it reduces potential disputes later.

There are no requirements for agreements to be formalized in writing independently, it should be based primarily on what is important and necessary from the point of view of the future life arrangements of the child and the parents. When writing down the agreements, the topics that need to be agreed can be used as a basis.
For example, these topics could be:

• Place of residence of the child
• The child's relationship and communication with both parents (procedure of communication)
• Communication between siblings
• Child maintenance (including maintenance allowance)
• Questions concerning the child's education and hobby education
• Questions concerning the health care of the child
• Common values and educational principles
• Organization of school breaks, holidays and trips
• Other topics important for the child

Therefore, it is possible to create a document with each other independently to write down agreements by topic and, if desired, also confirm with date and signatures. It is also important to note that if there is more than one child growing in the family, it is necessary to consider these topics separately for all children. You can find more information on what to think about when organizing a child's life after divorce in step 2 of the information service "Organizing the child's life".

You cannot independently agree to modify or terminate joint custody. In order to change or terminate the right of custody, either parent can go to court in a non-lawsuit procedure and request that the right of custody of the child is partially or fully transferred to them. As long as this has not been done, i.e. the parents have joint custody of the child, even in a situation where the child stays with one parent after divorce, this does not automatically mean that this parent has greater rights in making decisions regarding the child compared to the other parent. Only the matters of the child's daily life can be decided by the parent alone during the time the child is with them.

State-funded family mediation can end in two ways - with the conclusion of a parenting plan or with the issuance of a certificate of unsuccessful mediation.

If the parents reach an agreement on the child's living arrangements, a parenting agreement is signed between the parents. This is reached as a result of the parents' negotiations, which are mediated by the Social Insurance Board's family mediator, who also approves the parenting plan. Even before however, the family mediator evaluates the agreement and if it is obvious that what was agreed is not in line with the child's interests or if the agreement or part of it is not enforceable, they do not confirm the agreement. When this happens, the family mediator proposes to continue with the mediation or to change the agreement.

In a situation where the parents do not sign a parenting plan, they will be issued a certificate of unsuccessful mediation. In the event that the parents reached the family mediation service after being referred by the court, the Social Insurance Board will forward this certificate to the court as well.

The parenting plan signed by the parents and approved by the Social Insurance Board has legal force , it means that it is an enforcement document. Therefore, if one parent does not fulfill these agreements and maliciously violates them, the other parent has the right to apply directly to the bailiff with an application to start enforcement proceedings. In order to initiate enforcement proceedings, the parent must contact the Chamber of Bailiffs and make a statement about non-execution of the enforcement document (parenting plan).

Agreements regarding the child's living arrangements can be formalized at a notary in a notarized form. It is not directly necessary if the parents can reach agreements independently. In the process of agreement, the notary can help the parents with their knowledge and advice if necessary, draw attention to various topics and find answers to the questions that arise. The notarized form gives agreements greater legal certainty, increases the stability of relations between the persons and thus helps to reduce later legal disputes.

In addition, the advantage of a notarized agreement is, for example, that if the notarized agreement also includes the payment of child support, and the parent who is responsible for this obligation refuses to pay, the other can apply directly to the bailiff to collect child support. This means that there is no need to go to court first.

In addition, it is possible to confirm the consent to travel abroad with a child at a notary, if necessary, in order to make it easier for parents to travel alone with their children in the future. Read more about it on the website of the Ministry of Foreign Affairs.

In court, it is possible to agree on changing or terminating joint custody, it is also possible in court to determine the child support, to stipulate the communication procedure or to give sole decision-making rights to one of the parents to decide on a specific issue concerning the child (e.g. determining the place of residence). If the parents who have joint custody do not wish to jointly exercise this right in the future, either parent has the right to request from the court in a non-lawsuit procedure that the custody of the child be partially or fully transferred to them.

The court can also resolve the custody dispute in divorce proceedings. The court will not approve the application if a child of at least 14 years of age objects to the transfer of custody or there is a reason to assume that terminating joint custody and assigning sole custody to the petitioner is not in line with the child's interests. The court primarily decides on the termination of joint custody and the granting of custody to one parent based on the interests of the child, taking into account, among other things, the mental and financial readiness of both parents to raise the child, the spiritual attachment to the child and the commitment to care for the child so far, and the future living conditions of the child. If the right of custody belongs to one parent based on a court decision, the other parent can apply for the transfer of the right of custody if the circumstances that formed the basis of the court decision have changed significantly.

The court can direct the parents to reach an agreement on custody issues to the state-funded family mediation service. If the court has issued an order for referral to family mediation, during the family mediation procedure conducted within the framework of the state-funded family mediation service, it may also be agreed upon to terminate or change joint custody.

Generally, both parents have the obligation to support the child in equal shares and until the child comes of age. Parents have the possibility to agree independently on the obligation of provide for the child. This means reaching a common understanding in terms of how child-related expenses are covered (for example, hobbies, school and home-related expenses, etc.). Although both parents should contribute equally to caring for the child, ensuring the child’s well-being and development, other agreements can also be made jointly. Sometimes it can happen that the child has a home with both parents after the divorce (so-called alternating residence after a certain period or shared parenting), then it is perfectly reasonable to realize that in this case the costs related to the child's home are borne by both parents and no account is kept of these costs. On the other hand, changing residence may not always mean this - the proportionality of expenses for the child must also be monitored.

In the event that the parents do not raise the child together, for example, if after divorce one parent no longer lives with the child and does not actively contribute to the child's daily life, then he or she has to fulfill the obligation to pay child support. When agreeing on the conditions for the payment of child support, the parents can rely on the rules set out in the Family Law Act. Since parents have equal rights and responsibilities towards their children, the child support should cover half of the expenses made on the child. Child support is money paid to support the child, so the parent raising the child must to use the child support for the benefit of the child. If the parents cannot reach an agreement in terms of paying child support independently, it is possible to turn to court to determine the child support. You can find information on calculating the amount of alimony from the website of the Ministry of Justice.

You can read more information about the obligation to provide and child support and maintenance allowance in step 2 of the information service “Organizing the child's life".

If the parents do not reach an agreement on their own, it is possible to appeal to the state-funded family mediation. More information about this can be found in step 3 of the information service "State aid for agreements".
In addition, the local government of the child's place of residence can also ask for help from a child protection worker, who can also recommend supportive services or programs to parents, and this in order to make the best decisions in matters related to the child. It is still possible to get help and advice from private family mediation service providers.