Spectator on facebook

Spectator on facebook

Court denies custody of child to Muslim father over Christmas period

The verdict of Trenčín Regional Court cites the Convention on the Rights of the Child but the argument based on religious belief surprises experts.

Muslims in Slovakia have a hard time seeing their children during Christmas, illustrative stock photo. (Source: Sme - Gabriel Kuchta)

She comes from Partizánske and like so many other Slovak women she left to work in the UK several years ago. Apart from finding a job there, she also found a partner who is from Turkey and had a child with him. Three years ago, she returned to Slovakia after experiencing problems with the relationship and this has resulted in disputes concerning the child.

Surprisingly, the Regional Court in Trenčín has recently granted the mother the right to have her daughter every Christmas, as well as at other times. It pointed to the fact that the father is an active Muslim who probably does not observe Christian holidays and so for him, unlike his ex-partner, the festive season merely equates to “common days”.

“The minor, being brought up by her mother in Slovakia where celebrating Christmas is usual, would thus be deprived of this holiday,” the three-member panel, Denis Vékony, Erika Zajacová and Mária Vrtochová, stated.

By doing so, the Regional Court overturned the verdict of the District Court which originally proposed that the child spend every other Christmas with the mother, a common practice within the legal system. The new decision suggests that each parent has a right to spend the Christmas holidays with their child. The courts have also started to consider religious belief when making such rulings, trainee barrister Filip Grznárik wrote on the pravnelisty.sk website.

The court opinion could also be perceived as discrimination against the other parent, Jozef Tinka from the Council for Children’s Rights of the Child Civic Association noted.

Read more: What explanation did the court use in its ruling? How do the lawyers perceive the verdict?

The rest of this article is premium content at Spectator.sk
Subscribe now for full access

Annual
subscription

29 €
Buy
You save 17.80 € compared with monthly subsription
Quarterly
subscription
9.90 €
Buy
You save 1.80 € compared with monthly subsription
Monthly
subscription
0.98 €
Buy
Price is only for new subscribers for their first month. All other months are standard price of 3.90€

I already have subscription - Sign in

Subscription provides you with:
  • Immediate access to all locked articles (premium content) on Spectator.sk
  • Special weekly news summary + an audio recording with a weekly news summary to listen to at your convenience (received on a weekly basis directly to your e-mail)
  • PDF version of the latest issue of our newspaper, The Slovak Spectator, emailed directly to you
  • Access to all premium content on Sme.sk and Korzar.sk

The processing of personal data is subject to our Privacy Policy and the Cookie Policy. Before submitting your e-mail address, please make sure to acquaint yourself with these documents.

Top stories

Heavy rains flood the Tatras Video

People had to be evacuated and several hiking routes had to be closed.

Stará Lesná

Trump plays with the world like a spoiled child

The White House is now broadcasting its most spectacular soap opera, beating and overcoming those of sundry leaders from different continents and different times.

Donald Trump

Last Week in Slovakia: People marched for LGBTI rights in Bratislava Audio

Listen to all the headlines from The Slovak Spectator's news podcast.

Rainbow Pride in Bratislava

Government has no plans to officially commemorate the victims of the 1968 invasion of Czechoslovakia

Presidents of the Slovak and Czech Republics will take a train ride to mark the founding of the Czechoslovak State.

Law Faculty of Comenius University in Šafárikovo Square, where the civilian killings by foreign armies on August 21, 1968, were most concentrated.