Romantic Relationship vs. Family Relationship 

A romantic relationship begins with getting to know each other, discovering each other's needs, and mutually fulfilling those needs—this is how the relationship gradually strengthens over time.

With the arrival of a child, the dynamics of the relationship change significantly.

A family relationship becomes established automatically with the birth of a child. The roles of the partners/parents in a family relationship differ—one tends to take on more caregiving responsibilities (maternity leave, parental leave), while the other works more. Naturally, the working parent holds a stronger position (especially economically) within the family structure, and the other parent becomes what is often referred to as the "vulnerable parent." At this point, the relationship can only continue in a healthy way if both parents respect the principles of marriage—mutual support, help, equality, and belonging. Parents are able to uphold these principles only if they have internalized them (learned them) during their own childhood—from their mother, father, or extended family.

If a parent does not respect these principles, various forms of domestic violence may arise, which in many cases lead to divorce.

Marriage, Divorce Proceedings, and Custody Proceedings – in the Czech Republic

Statements such as "Children must not become victims of parental disputes" or those made by judges urging parents to "set aside their conflict, avoid confrontational situations, and act in the best interests of the child, which should be paramount for both parents, so that matters concerning the child are resolved by mutual agreement rather than court decisions" can be seen as a consequence of failing to grasp the full complexity of family dynamics.

It is important to understand that a parent's expression of interest in custody does not automatically mean a genuine desire to care for the child—nor to care with love. What is often overlooked is that the root cause of custody and child support proceedings is not the conflict between parents, but rather the effort of one parent to secure a situation that truly serves the child's best interests—namely, a happy and safe childhood in a secure family home.

An agreement between parents, as commonly required, is only realistically possible when both parents operate on the principles of mutual support, help, equality, and belonging. However, practical experience shows that the failure to uphold these principles is often the very reason for divorce. According to sociological research, various forms of domestic violence—stemming from the breakdown of these marital principles—occur in every third family in the Czech Republic.

Therefore, the ideal of parental agreement in the child's best interest is rarely achievable in practice, as one parent often refuses to engage in mutual support, help, equality, and belonging.

In reality, the proposed legislation (Chamber Print No. 728, Senate Print No. 145) and current judicial practice exert pressure only on the other parent—typically the vulnerable parent—who should be protected by the state, just like the child.

The explanatory report to Chamber Print No. 728 states:
"The current legal framework for divorce contains elements that are considered outdated in both legal theory and practice. There is no public interest in preserving these elements, nor in protecting either spouse."
On the contrary, there is a clear and substantial interest in protecting one of the spouses—specifically, the vulnerable parent—and also in safeguarding the home environment in which the child lives and is meant to experience a happy and secure childhood. In other words, there is a fundamental interest in protecting the child's needs.

Families experience various forms of domestic violence—physical, psychological, social, economic, etc.—and the breakdown of the family relationship is merely a consequence. The root cause of such violence lies in the dysfunction of family principles, which individuals carry from their own childhood.

It is essential to create laws that protect and regulate situations that arise—and should not arise—in family structures. The primary purpose of marriage is to protect the family, and this protection must extend into the divorce phase, which has a profound impact on the future lives of both parents and children. More in the "About me" Section, in the report "Ministries".

How are these topics discussed internationally?

Reem Alsalem - červen 2025 Special Rapporteur on violence against women and girls - UN Human Rights Council

"burden of proof according to international law in any case must stress on the perpetrator and not on the victim because otherwise we actually revictimize the victim"

"Some of models fail to take account of systemic power inbalances that exist between men and women and therefore it risks veponizing the concept of consent, perphaps without intending, against the victims in criminal proceedings. That happens for example when the courts, even if they have a sort of consent specific model, focus too much on the victim´s behaviour rather on the perpetrator´s actions, or actually fail to even look at whether we had a course of context in the first place that perpetuates impunity and context that ignored the complex trauma that may have resulted."