In the complaint, the boy objected to the decision of the Prague Municipal Court. As a preliminary measure, he decided that the boy should be placed in the care of his father, and he also adjusted the son’s weekend contact with his mother.
In addition to the fact that the boy proposed to the Constitutional Court to cancel this decision, he also added a request that his case be dealt with by the plenum, i.e. the body of all judges.
It is a tactic of the mother, who tries to promote her own interests through the minor
But he didn’t date either one. The senate with judge rapporteur Daniela Zemanová did not see behind the unusual request the sincere wishes of the small child, but the efforts of his mother. The judges rejected the complaint and published the verdict in their database these days.
The Constitutional Court will be supplemented by Řepková
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“Not only the content of the constitutional complaint, but also the development of the proceedings before the municipal courts, the number of earlier constitutional complaints filed both on behalf of the mother and the minor complainant, and above all the young age of the minor, indicate that this is a procedural tactic of the mother, who is trying to achieve enforcement through the minor primarily their own interests,” the decision states.
The “cunning” procedure, when the boy signed the attorney’s power of attorney, did not help either. “According to the Constitutional Court, due to his still young age, the minor complainant is not able to fully understand the meaning of the court proceedings, to express his own opinion in a qualified manner on the filing of a constitutional complaint, and above all to evaluate the possible consequences associated with these proceedings. It is therefore impossible for the minor complainant himself to file the complaint in this case,” said the judges.
They reminded that the boy is represented by a conflict guardian due to the parental conflict. At the same time, he previously stated that he does not agree with the mother’s position, and reminded that the mother does not accept the father for a long time, she files various proposals and criminal charges, but the courts did not find any of this to be justified.
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