A Five-Year-Old Boy Placed in the Custody of a Abusive Father

Despite significant documentation flaws, which were even criticized by the Ombudsman, the Child Welfare Authority (OSPOD) reported that the mother’s care was appropriate. The affected mother states that the documentation contains more falsehoods than reflections of reality.

This five-year-old boy, who „wished for his mother as his birthday present“ and referred to her as his „one and only mommy,“ was also separated from his three siblings". The siblings have a strong bond and love for each other, and the five-year-old was especially eager to spend time with his youngest sister. Unfortunately, he is not allowed to do so.

The three siblings of the five-year-old, who was placed in the custody of a father with a confirmed history of domestic violence, continue to enjoy their home and their mother’s care. Their daily routine remains unchanged, except for the father's and his lawyer's attempts to place them in institutional care. The father and his lawyer (who ironically stated in the media that "victims should be believed") sought to have these well-cared-for children placed in institutional care. OSPOD supported this effort, believing that children might „change their minds“ about where they want to live if kept in institutional care. Employees of the crisis facility (ZDVOP) were allegedly encouraged to participate in actions harmful to the children, but they refused to comply. There is an audio recording as evidence of this. The plan was to keep the children confined until they declared that they no longer wanted to live with their mother and instead wished to live with their abusive father. The mother has audio recordings and email correspondence as proof of these attempts.

The mother is uncertain of the exact reason why her five-year-old son was placed in the custody of a convicted abuser. What is clear, however, is that the accusations made against the mother by OSPOD and later supported by the court lack evidence, logic, and justification. This situation mirrors hundreds of other family law cases in the Czech Republic, as highlighted in a comprehensive article on the state of custody proceedings in the country.

Unfounded Accusations Against the Mother

One of the first accusations against the mother was that she was spreading defamatory information about the father. A representative of OSPOD claimed this in court, referring to the mother’s reports of serious and sometimes life-threatening domestic violence — reports that were confirmed by the children. OSPOD never asked the children or the mother what had actually occurred. Meanwhile, the father engaged in various tactics to destabilize and intimidate the mother.

Another accusation from OSPOD was that the mother was manipulating the children. The concept of „manipulation“ is a primary weapon frequently used by OSPOD and courts against mothers to justify granting sole or joint custody to fathers. It is an accusation that is nearly impossible to refute. Children often naturally prefer to be with their mothers, especially at a young age, due to the undeniable principles of child development, psychology, and human growth. Despite this, OSPOD alleged that the five-year-old stated that his mother told him not to want to be with his father. However, it is unclear if the child ever actually made this statement. In contrast, older siblings reported that OSPOD had persistently and aggressively pressured them to say they did not want to live with their mother and instead wanted to live with their abusive father. Children aged 10 and 12 withstood this pressure at school and did not yield to OSPOD’s demands. OSPOD’s interviews with the five-year-old child were not recorded. The boy allegedly told OSPOD that his father cut him, that he wanted to be at home with his mother and siblings, and that his father stole a heat pump from his mother.

Child's Testimony About Abuse

Without any influence or presence of his mother, the five-year-old boy told his siblings, his mother, a doctor, the police, and OSPOD during questioning that his father had cut his legs because he had said he loved his mother. The mother has an audio recording of the boy making these claims independently in the presence of two employees from Archdiocesan Charity Magdala. The wounds on the boy's legs were visible, and he explained that they occurred while he was in bed, adding that his father had done it because he had said he loved his mother. Despite these serious claims, the child remains separated from his mother and siblings and is living with a man convicted of domestic violence.

Impact on the Child's Health and Well-Being

Since the separation, the child, who had no previous health issues, has developed an allergy to a common food and has begun wetting the bed at the age of six. He stated on an audio recording during supervised visits, „I wet the bed because I don't have my mommy.“ From September to November of the same year, the boy attended preschool for only 15 days due to illness. During supervised visits with his mother, his illness reappeared. He now takes numerous medications and frequently deals with rashes, eye irritation, and other illnesses. Before the separation, the children were rarely ill, likely due to the quality of the homemade, nutritious food provided by their mother and the peaceful environment of their home.

Court and OSPOD's Actions

OSPOD has supported the abusive father, ignored evidence of domestic violence, and allowed the father's manipulative tactics to continue. The Archdiocesan Charity Magdala issued false reports against the mother, portraying her as a problematic parent. The charity also failed to report the child’s testimony about being cut by his father and claimed that the mother was „hysterical.“ These claims contradict audio recordings that the mother possesses. The charity workers also made the absurd statement that the relationship between the mother and child would not be harmed by their separation, despite all evidence to the contrary.

Devastating Consequences for the Child

The five-year-old boy is deeply traumatized by his forced separation from his mother and siblings. He is exposed to the toxic environment of an abusive father and his partner, who reportedly has a history of two suicide attempts and an incident of biting the father's face during a violent outburst. Audio recordings reveal the father's abusive words toward the child, such as „Shut up,“ „Your mother doesn't want you,“ and „You're not wanted.“ Despite overwhelming evidence, the child is still not returned to his mother and siblings.

Community Call to Action

Final Advice for Mothers: Record Everything

Mothers are encouraged to record their interactions with OSPOD and social workers. This documentation could become essential in the future.