What is the opinion of the guardianship authority?

The opinion of the guardianship and custody authority is a written document in which the state authority evaluates the child’s situation and provides its view on what decision would best protect the child’s interests.

This opinion is often required in court cases involving children: determining the child’s place of residence, establishing a visitation schedule with a parent, restricting contact, returning a child, or limiting or terminating parental rights.

In simple terms, the guardianship authority helps the court understand where the child will be safer, more stable, and better cared for.

In what cases does the guardianship authority provide an opinion?

The guardianship authority may provide an opinion in cases involving:

• determination of the child’s place of residence;
• establishment of a visitation schedule;
• modification of an existing visitation arrangement;
• restriction of a parent’s contact with the child;
• return of a child to one of the parents;
• termination of parental rights;
• restriction of parental rights;
• restoration of parental rights;
• disputes about the child’s upbringing;
• disputes between parents, grandparents, or other relatives regarding communication with the child.

For example, if the father asks the court to determine the child’s residence with him, the guardianship authority may examine the conditions of both parents and provide an opinion on which arrangement better serves the child’s interests.

What does the guardianship authority check?

The guardianship authority reviews not only documents but also the child’s actual living situation.

It may check:

• where the child actually lives;
• with whom the child spends most of the time;
• who provides daily care;
• who takes the child to school, kindergarten, or doctors;
• living conditions of each parent;
• whether the child has a sleeping place;
• whether there are conditions for study and rest;
• sanitary condition of the home;
• safety of the home;
• the child’s daily routine;
• the child’s health condition;
• the child’s relationship with the mother and father;
• the child’s opinion, if age and maturity allow it;
• the level of conflict between the parents;
• whether one parent prevents communication with the other parent.

The authority should not focus only on the size of the apartment or income. A large apartment does not always mean good care. A simple home may still provide stability, safety, and emotional comfort for the child.

What is a home inspection report?

A home inspection report is a separate document prepared after the guardianship authority visits a parent’s home.

The report usually includes:

• residential address;
• household members;
• number of rooms;
• where the child sleeps;
• whether the child has a place to study;
• sanitary condition;
• availability of food, clothing, furniture, and school supplies;
• who lives with the child;
• general assessment of living conditions;
• comments of the guardianship authority.

The home inspection report is not always the same as the final opinion. The report usually describes living conditions, while the opinion contains the authority’s final assessment and recommendation.

What is usually written in the opinion?

The opinion may include:

• brief description of the dispute;
• information about the parents;
• information about the child;
• where the child currently lives;
• living conditions of each parent;
• who actually raises and cares for the child;
• whether the child attends school or kindergarten;
• the child’s health condition;
• the child’s opinion, if obtained;
• the position of the mother and father;
• assessment of the guardianship authority;
• conclusion on what decision is in the child’s best interests.

For example, the opinion may state:

“Determining the minor child’s place of residence with the mother is in the child’s best interests.”

Or:

“Establishing the father’s visitation schedule every Saturday from 10:00 a.m. to 6:00 p.m. does not contradict the child’s interests.”

Or:

“Considering the child’s age and the lack of long-term contact with the father, it is advisable to initially establish meetings in the mother’s presence.”

What types of opinions can the guardianship authority provide?

Depending on the dispute, the guardianship authority may provide different conclusions.

1. Opinion on the child’s place of residence

The authority may recommend that the child live with the mother or with the father.

2. Opinion on visitation schedule

The authority may suggest specific days, times, location of meetings, video calls, holidays, or school vacation arrangements.

3. Opinion on restriction of contact

If there are risks to the child, the authority may suggest supervised visits, meetings in the mother’s presence, meetings with a third party, or shorter meetings.

4. Opinion on return of the child

If one parent took the child and refuses to return them, the authority may evaluate where the child’s interests are better protected.

5. Opinion on termination or restriction of parental rights

If a parent fails to fulfill parental duties, uses violence, abuses alcohol or drugs, or creates danger for the child, the authority may provide a relevant opinion.

Is the opinion binding on the court?

The opinion of the guardianship authority is important, but it is not an automatic court decision.

The court evaluates the opinion together with other evidence:

• documents submitted by the parties;
• correspondence;
• photos and videos;
• medical documents;
• school or kindergarten certificates;
• witness statements;
• the child’s opinion;
• explanations of the parents.

The guardianship authority’s opinion is a strong document, but not a “win button.” The court must still evaluate the full picture.

What if a parent disagrees with the opinion?

If a parent disagrees with the opinion of the guardianship authority, they may submit written objections to the court.

The objections may state that:

• the authority did not examine all circumstances;
• documents were not considered;
• one parent’s position was not heard;
• the home inspection report was prepared formally;
• living conditions were described incorrectly;
• the child’s opinion was obtained improperly;
• the conclusions do not match the facts;
• the opinion is one-sided.

A parent may also ask the court to summon the representative of the guardianship authority, ask questions, order an additional inspection, or request a new opinion.

Can the court disagree with the guardianship authority?

Yes. The court is not automatically bound by the position of the guardianship authority.

If other evidence shows that the opinion is incomplete, incorrect, or not in the child’s best interests, the court may reach a different decision.

For example, the authority may recommend that the child live with the mother, but the father may provide evidence that the child actually lives with him, attends school nearby, receives daily care from him, and the mother has not participated in upbringing for a long time. In that case, the court will evaluate all evidence together.

How should a parent prepare for the inspection?

A parent should prepare:

• housing documents or lease agreement;
• employment certificate;
• income information;
• school or kindergarten certificates;
• medical documents of the child;
• photos of living conditions;
• documents confirming participation in upbringing;
• the child’s daily schedule;
• proof of expenses for the child;
• correspondence with the other parent;
• calm and specific explanations.

The key is to show real care: who feeds the child, handles medical issues, takes the child to school, helps with homework, follows the daily routine, and ensures safety.

Common mistakes parents make

Common mistakes include:

• showing only a nice apartment but not proving involvement in the child’s life;
• speaking emotionally instead of giving facts;
• insulting the other parent;
• turning the child against the other parent;
• hiding important circumstances;
• failing to provide documents;
• failing to document actual care;
• assuming that the opinion of the guardianship authority cannot be challenged.

In child disputes, the best strategy is simple: less drama, more evidence.

Conclusion

The guardianship authority provides an opinion in child-related disputes to help the court determine what decision is in the child’s best interests.

Such an opinion may concern the child’s place of residence, visitation schedule, restriction of contact, return of the child, or restriction or termination of parental rights.

The opinion is important, but it is not the final decision. The court evaluates it together with all other evidence. If the opinion is incomplete or one-sided, it may be challenged.

FAQ: Frequently Asked Questions

1. What is the opinion of the guardianship authority?

It is a written position of the guardianship authority on what decision in a child-related dispute best serves the child’s interests.

2. In what cases does the guardianship authority provide an opinion?

In cases concerning child residence, visitation, restriction of contact, return of a child, termination or restriction of parental rights, and other child upbringing disputes.

3. Is the court required to follow the opinion?

No. The court considers the opinion but evaluates it together with other evidence.

4. What does the guardianship authority check?

Living conditions, actual care, relationship with parents, school or kindergarten, health, daily routine, safety, and the child’s opinion if it may be considered.

5. What is a home inspection report?

It is a document describing the parent’s living conditions: housing, sanitary condition, sleeping place, study area, and safety for the child.

6. Can a parent disagree with the opinion?

Yes. A parent may submit written objections and request additional inspection or a new opinion.

7. Can the authority recommend that the child live with the father?

Yes. If living with the father is in the child’s best interests, the authority may give such a recommendation.

8. Can the authority restrict visits?

The authority may recommend a safe or restricted visitation arrangement. The final decision is usually made by the court.

9. Does the authority consider the child’s opinion?

Yes, if the child’s age and maturity allow it.

10. What if the opinion is one-sided?

A parent should submit objections, point out errors, attach evidence, and ask the court to critically assess the opinion.

11. Does the opinion affect the court decision?

Yes, it may significantly affect the decision, but it is not the only evidence.

12. How should a parent prepare?

Prepare documents, show conditions for the child, explain daily routine, and provide evidence of participation in upbringing, education, medical care, and safety.