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Does someone owe you money? Then you have a monetary claim against them. You are entitled to payment. The person who owes money is called a debtor, and the person who is entitled to the money is called a creditor. Both the creditor and the debtor can be both natural and legal persons.

There can be many different reasons why someone owes you money. To put it another way: a monetary claim can have different grounds. The most common is that you have entered into an agreement for the purchase and sale of goods and services. The seller of a sofa is entitled to payment for the sofa in accordance with the agreement. This is a typical consideration claim where you are entitled to payment for a consideration. Another example of a typical monetary claim is a loan agreement. Anyone who has borrowed money from someone else has a loan debt. This means that the person in question has an obligation to repay the loan to the lender. Another example is tax claims and other public claims or fees.

Does someone owe you money but refuses to pay? Then you may need to pursue your claim through the courts. This is a process that we at Insa advokater can help you with.

Remember that a monetary claim may be time-barred. This means that you must demand payment within a certain period of time in order to keep your claim. If you demand payment too late, you lose the opportunity to collect the money. The general rule is that a monetary claim is time-barred after 3 years. This means that you must send a demand for payment to the debtor no later than 3 years after the monetary claim arose. Are you unsure whether your claim is time-barred? Call Insa and we will help you.

Have the police called you in for questioning in a criminal case?

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What happens when you are summoned for questioning? Do you have to show up? And what are your rights?

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An interview is a conversation between you and the police. The difference between an interrogation and a normal conversation is that interrogations are a bit more formal and both you and the police have to follow certain laws and rules.

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By questioning people who have information about the reported incident, the police will gather relevant information about what happened.

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The police must be objective in their investigation, and this also applies to the interview. If you are a suspect or accused in a case, the police must always collect both information that shows that you are guilty as a suspect and information that shows that you are innocent.

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Everyone who is summoned for questioning is obliged to appear before the police, but no one is obliged to explain themselves to the police.

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The distinction between being a suspect and a defendant

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When you are questioned by the police, you are either a victim, witness, suspect or accused in the case. The distinction between suspect and accused can be a little difficult to understand, but it depends, among other things, on whether the police have arrested you, searched your home or seized something from you.

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If a person has the status of a suspect, this will give them certain rights. They will obviously have the right to defend themselves against the suspicion. The person can also familiarize themselves with the case documents if this will not harm the investigation or others. Prior to questioning, the person must also be made aware of what the case is about and that they are not obliged to explain themselves. The person must also be informed that he or she has the right to be assisted by a defense counsel. However, as a rule, the public authorities will not pay for a defence counsel until the person has been charged, and in principle only if the prison sentence could be longer than six months.

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The status of an accused person carries additional rights that a suspect does not have. For example, the accused is entitled to a defense counsel at all stages of the proceedings. He also has the right to read the case file. Furthermore, the accused has the right to know the evidence against the charge and the evidence in favor of the charge. The accused may also refrain from commenting on matters that may contribute to his conviction. An accused person will also be entitled to compensation for unfair prosecution.

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Who can you bring with you?

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If you are a suspect or accused in a case and are being questioned, you have the right to have a lawyer with you; a defense lawyer. In some cases the defense counsel is paid for by the public authorities, in other cases you have to cover the costs yourself. There is free choice of defense counsel, which means that you can always choose the defense counsel of your choice.

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If you are a victim, you also have the right in some serious cases to be accompanied by a lawyer - a publicly funded legal aid lawyer - who can be present during questioning. In addition to a legal aid lawyer, the victim may also have a person you trust with you during questioning. This person should not be a witness in the case. In this case, he or she must be questioned before you, the victim, are questioned.

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Questioning of persons under 18 years of age

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If you are under 18 years old, suspected or accused and are being questioned, your parents or guardians and the child protection services must be notified and given the opportunity to be present during the questioning if possible.

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If you are a witness or victim and you are under 16 years old, your parents, guardian or someone else you trust should be allowed to join you.

If you have any questions about the article or want to talk about a case, you can contact us at Insa lawyers - at no cost to you here.

When parents separate, questions quickly arise about permanent residence, visitation, and parental responsibility. In all such cases, there is one legal principle that weighs most heavily: the best interests of the child .

But what does the best interests of the child mean in practice – and how is it assessed in a child custody case?

This article provides a thorough and professionally grounded review of what the law says, which assessment factors are central, and what is decisive if the case is heard in court.

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What is in the child's best interest?

The best interests of the child are a statutory principle in the Children's Act . This means that all decisions about children after a breakup should be based on what is best for the child overall, and not the wishes of the parents.

The principle is also anchored in the UN Convention on the Rights of the Child , which applies as Norwegian law. The Convention states that the best interests of the child shall be a fundamental consideration in all actions affecting children.

There is no standard solution that is automatically considered correct. The assessment must always be:

• Concretely
• Individual
• Holistic

Two children in seemingly similar situations may therefore receive different solutions, because the child's age, maturity, attachment and needs vary.

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How is the best interests of the child assessed in a child custody case?

The court makes an overall assessment that includes several factors. No single factor is decisive on its own.

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1. Stability and continuity

Stability is a weighty consideration in Norwegian case law. The court considers, among other things:

• Who has had the daily care?
• Where the child has had their primary home
• Connection to local community, school and friends
• Risk of rupture in established relationships

Continuity is often particularly important for younger children. Here you can read what applies to child custody when the children are young.

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2. Parents' ability to care

The parents' ability to care is assessed broadly and includes:

• Ability to provide emotional support
• Ability to create structure and predictability
• Boundary setting and safety
• Mental stability
• Ability to shield the child from conflict

A key part of the assessment is also the parents' ability to cooperate . If one parent actively opposes the child's contact with the other, this may weaken that person's case.

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3. The child's right to participation

Children have the right to be heard in matters that concern them. According to the Children's Act, children who are capable of forming their own views shall be given the opportunity to express their views.

The older and more mature the child is, the greater the weight the child's opinion is given.

Nevertheless, it is important to clarify: The child does not have decision-making authority. The court must make an independent assessment of what is best.

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4. Risk, violence and other stresses

If there is:

• Violence or threats
• Drug problems
• Serious mental illness
• High and persistent level of conflict

This could be of decisive importance. The child's need for security and protection takes precedence over considerations of equal distribution or the parents' wishes. In cases involving allegations of violence, the court conducts a special risk assessment.

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Shared permanent residence – when is it in the best interests of the child?

Shared permanent residence means that the child lives permanently with both parents and that decisions are made jointly. In this article you can read more about the different distribution models.

The court considers, among other things:

• Do the parents live close to each other?
• Are they able to cooperate?
• Can the child tolerate frequent transitions?
• Does the child want such a solution?

If the conflict is high, shared housing can create more stress than security.

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Typical misconceptions about the best interests of the child

There are several common misconceptions:

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"The child should always live mostly with the mother."

There is no such general rule. Parents are legally equal.

Here you can read more about balance in parental responsibility and father's rights in child custody.

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“Equal time is always fairest.”

Fairness between parents is not the issue of assessment. What is crucial is the child's needs.

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"The child can choose freely when he turns 12."

The child's opinion should be given great weight from this age, but the court makes the final decision.

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What happens if the parents don't agree?

Before the case can be brought to court, the parents must attend mediation. If mediation does not lead to progress, the case can be taken to court.

The court may:

• Appoint an expert psychologist
• Conduct conversations with the child
• Obtain documentation
• Hold the main hearing

The process can be both legally and emotionally demanding.

If you want a thorough review of how a child custody case is handled, what phases the case goes through and what you should prepare for, you can read this article .

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Summary

The best interests of the child is a legal standard that requires a concrete and forward-looking overall assessment in each individual case. Important points are:

• Stability and continuity
• Caring ability
• Cooperation
• The child's opinion
• Risk and safety

In child custody cases, it is not the parents' rights that are at the center - it is the child's need for security, development and predictability.

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Do you need help or legal advice in a child custody case? Contact our lawyers for a free, no-obligation consultation.