The Allocation of Time in Joint Physical Custody and the Absence of Its Priority over Other Forms of Custody – Remarks in the Light of the Case Law of the Constitutional Court of the Czech Republic and Selected Solutions in other countries

Abstract

his paper addresses the issue of joint physical custody. The discussion focuses on the division of parenting time and the precedence of joint physical custody over other forms of childcare arrangements. The inspiration for undertaking this analysis was the judgment of the Constitutional Court of the Czech Republic of 5 February 2025, I. ÚS 2364/24, which may contribute to a deeper understanding of the nature of joint physical custody. In its ruling, the Court emphasised that joint physical custody may, but need not, entail an equal (50/50) division of time, although such an arrangement is not a general rule. Czech law does not contain any provision that would establish „right to joint physical custody” – understood as a statutory entitlement of parents to joint physical custody. The judgment of the Constitutional Court of the Czech Republic of 5 February 2025 represents a significant and necessary contribution to the debate on the legitimacy of prioritising joint physical custody. The reasoning presented in the decision may also prove useful from the perspective of Polish law, particularly in light of the ongoing work aimed at introducing provisions regulating joint physical custody.