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Office for
International Legal Protection of Children

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© Michaela Janočková, 2010


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Office for International
Legal Protection of Children
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nstate body of the Czech Republic
nNOT international organisation
nwas estabished by Social and Legal Protection of Children Act (No. 359/1999 Sb., § 3)
nact as „Central Authority“ (CA) under several conventions and treaties (see next pages)
nis responsible for protection of children in civil matters having cross-border implications
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Organisation structure of the Office
n    - structure is not given by law
n - head – director – JUDr. Zdeněk Kapitán, Ph. D.
n - deputy director – JUDr. Markéta Nováková
n - lawyers – specialized in each fields of activity of the Office and geographically
n - psychologists – help with cases of international adoptions and international abduction
n - administrative staff
n - address: ŠIlingrovo náměstí 3/4, 602 00 Brno
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Office as Central Authority
n - generally – CA is a state body or private organisation (authorized by the state) of a member
state of some international convention or treaty
n - the aim of CA is to fulfill duties which were imposed to member states of convention
n - typically helps people to exercise their rights through various conventions (guidance,
consultations etc.) and provides information about Czech law, communication and coopearation with
other CAs and among state bodies from the home country to abroad etc.

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Scope of activity of the Office
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nInternational recovery of child support and other forms of family maintenance
nInter-country adoption
nWrongful removal or retention of children (i.e.“international child abduction")
nProtection of minors and protection of vulnerable adults in specific cases (e. g. the Office is
authorized to act as a guardian ad litem).
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Other specialized activities of the Office
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n - The Office is an administrative body with state-wide authority. It is not, however, a court or
a judicial body authorized to decide on judicial matters. Within the scope of its powers, the
Office:
nProvides consultation to the public
nCommunicates and interacts with foreign authorities
nAssists lawmakers in developing international and domestic legislation

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International recovery of maintenance
nRecovery of maintenance for obligees in the Czech Republic also for Obligees abroad (Obligor
resides in the Czech Republic)
nBased on:
nConvention on the Recovery Abroad of Maintenance, UN, New York, 20. 6. 1956
nConvention on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations,
Hague Conference on private international law, 2. 10.1973
nConvention concerning the recognition and enforcement of decisions relating to maintenance
obligations towards children, Hague Conference on private international law, 15. 4.1958
nRegulation EU No. 44/2001, „Brussels I.“
nBilateral treaties and reciprocity (USA, Canada)
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International recovery of maintenance
nOffice acts as CA – requesting and requested authority
nCooperates with CA abroad on exchange of information
nIs entitled to bring legal actions to court, to negotiate with obligors etc.
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International Adoptions
nOffice helps to mediate finding parents for children – to find adoptive parents from the Czech
Republic for children abroad and in opposite way
nBased on: Convention on Protection of Children and Co-operation in respect of Intercountry
Adoption, Hague Conference on private international law, 29.5. 1993
nMediates adoptions only between member states of the Convention
nConventions contensts special measure to prevent traffiking of children and to ensure that the
adoption will be in the best interest of the child
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International Adoptions
nThe majority of cases are adoptions of children from the Czech Republic abroad – e.g. to Germany,
Denmark, Italy, Sweden
nOffice provides co called „matching“ – process of finding best parents for the child (children)
nOffice keeps at disposal information about children and also about prospective parents (health
conditions, psychological profile etc.)
nPsychologists helps to evaluate interaction between the child and the prospective parent (choosen
by special commission on the proposal of Office)
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International Child Abduction
nOffice deals only with civil aspects of such situation
nWrongful/unlawful removal or retention of child/children younger than 16 years out of the country
of their habitual residence
nBreach of custody rights of someone (mostly parent)
nThe person is entitled to request for return of abducted/removed/retained child
nBased on: Convention on Civil Aspects of International Child Abduction, Hague Conference on
Private International Law, 25. 10. 1908
nAnd EU Regulation No. 2201/2004, Brussels II.
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International Child Abduction
nThe aim of Conventions is to secure prompt return of abducted child to the state of habitual
residence
nDecision under Convention concerning the return/not return of the child shall not be taken to be a
determination on the merits of any custody issue
nThe Office receives request for return from abroad CA(child is abducted to the CZ) and prepare
request for return to be sent abroad with requesting person
nThe Office make efforts to solve the situation amicably – the best solution is agreement of
left-behind parent (person requesting return) and abductor
nPREVENTION – Office disseminate information about this topic and provide guidance and consultancy
to parents who wants to travel with their children and other persons
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Exercise of Access rights
nConvention on abduction also deals with the issue of securing the exercise of access rights to the
child – to secure the right of the parent to be in contact with the child/the right of the child to
be in contact with the parent
nCA should make arrangements for organising or securing the effective exercise of rights of access
nCAs cooperate to promote the peaceful enjoyment of access rights and the fulfilment of any
conditions to which the exercise of those rights may be subject.
nCA shall take steps to remove, as far as possible, all obstacles to the exercise of such rights.
nCA either directly or through intermediaries, may initiate or assist in the institution of
proceedings with a view to organising or protecting these rights and securing respect for the
conditions to which the exercise of these rights may be subject.
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Other types of protection of minors
nThe Office acts as a guardian ad litem
nIn cases where parents cannot represent their child because of contradictory interests
nTypically, custody cases, paternity cases (denial, estabishment) etc.
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Web links and sources of information
nwww.umpod.cz
nwww.hcch.net
nhttp://untreaty.un.org
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THANK YOU
 Michaela Janočková, michaela.janockova@umpod.cz