25 | Analyses

The amendment to the Civil Code will bring a number of changes in the area of family law, in particular the introduction of a new institute of provisional decision.

This institution will completely replace the current general interim measure in proceedings concerning the care of minors from 1 January 2026. The aim of the interim decision is to maintain the speed of the proceedings similar to that of the interim measure, while at the same time reducing the error rate. An interim decision can be issued not only during the proceedings on the merits, but also before they begin. However, the condition for its issuance is that all participants in the proceedings, including the minor, can express their views on the matter. The child must be represented by a guardian appointed by the court for the proceedings.

What this will bring in practice is a great unknown. The positive thing is that all parties must be heard before the court decides. Which was not customary with interim measures, some courts did not send the interim measure to the opposing party and the decision came like a bolt from the blue. Although the motives can be understood, it is very disturbing to me that it is not possible to appeal this decision. Therefore, it is necessary to state everything necessary in both the proposal and the counter-proposal, because it can be said that the interim decision is de facto the final decision for the child and the family for several long months.