Interim measures in family matters

01What an interim measure is

• the court may order it before proceedings begin, during them and even after they have ended,
• the condition is that there is a need to settle the situation without delay,
• the court may decide without hearing the parties and without a hearing – solely on the basis of the petition and the evidence attached,
• the arrangement is temporary – the court may set how long it will last, and it will revoke it on a petition if the reasons for it cease to exist.

02A child at risk – a decision within 24 hours

If a minor child is left without any care, or the child's life, health or healthy development is seriously at risk, the court will, by an interim measure, place the child in the care of a designated person – for example, the other parent. It decides no later than 24 hours after receiving the petition, and the measure is enforceable as soon as it is pronounced (Section 365 of the Civil Non-Contentious Procedure Code – Civilný mimosporový poriadok, CMP).

Such a measure lasts no longer than six months unless proceedings on the merits are started in the meantime. In matters concerning minors, the court may also order an interim measure of its own motion, without a petition, and the proceedings are exempt from court fees.

03Maintenance until the court decides

Until the court decides on maintenance, it may, by an interim measure, order a parent to pay maintenance for a minor child to the extent strictly necessary (Section 366 CMP). The child therefore does not have to wait for the judgment without money. You can find out how the court sets the amount of maintenance on the page Child maintenance – calculation.

04Protection from violence

The court may order a person reasonably suspected of violence, in particular (Section 325(2) of the Civil Contentious Procedure Code – Civilný sporový poriadok, CSP):

• temporarily not to enter the house or flat in which the person at risk lives – the court decides on this petition within 24 hours,
• not to enter the residence, workplace or any other place the person at risk regularly visits,
• not to contact the person at risk,
• not to come within a specified distance of him or her.

The court decides on other petitions within 30 days. You can find the procedure following a removal from the home by the police on the page Removal from the shared home (barring order).

05What the petition must contain

With interim measures, the court decides quickly and often on the basis of the documents alone. If the petition does not contain all the required particulars, the court will reject it without inviting you to supplement it. The petition must therefore describe precisely what happened, why the situation needs to be settled immediately and exactly what the court should order – and it must include evidence: medical reports, photographs, messages, police records or witness statements.

06Fees and what happens next

• in matters concerning minor children, including maintenance, no court fee is payable,
• in other matters the fee for the petition is €50; however, the court will not discontinue the proceedings because it has not been paid,
• the court may order that a petition on the merits be filed within a set time limit – otherwise it will revoke the measure.

07Frequently asked questions

What is the difference between a preliminary measure and an interim measure?

They are the same thing. Since 1 July 2016 the preliminary measure has been called an interim measure.

How quickly will the court decide?

If a child is at risk, the court decides within 24 hours. It also decides within 24 hours on a ban on entering the home in cases of violence. It decides on other petitions within 30 days.

Does the court have to hear the other party as well?

No. The court may decide on an interim measure without hearing the parties and without a hearing, solely on the basis of the petition and the evidence.

How much does a petition for an interim measure cost?

In matters concerning minor children, including maintenance, no fee is payable. In other matters the fee is €50, but the court will not discontinue the proceedings because it has not been paid.

How long does an interim measure last?

It is temporary. The court may set how long it lasts; it will revoke it on a petition if the reasons for it cease to exist, and it will also revoke it if a petition on the merits that the court ordered was not filed in time. A measure placing a child at risk in someone's care lasts no longer than six months unless proceedings on the merits are started.