Abstract
In case that the parent who was entrusted with the custody unreasonably denies the other parent the access to child infringes the personal rights of the other parent, particularly his or her right to family life and privacy. The protection of personal rights claim might serve as an effective tool when the rights are repeatedly, intentionally violated or when there was such a flagrant violation when the parent even did not reflect the court orders.
In the Czech republic the legal reasoning is stipulated by the Civil Code that protects the constitutional right to family life and privacy what is also the subject of the wide scope of the Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. In case when the state does not cover such a cause of action, the Article 8 recognizes the right and is directly applicable.