Advokat Barnefordeling

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.

After a break-up, parents must, among other things, agree on parental responsibility, where the child will live permanently and visitation arrangements, also called child distribution. When parents do not agree on the distribution of children, it may be necessary to bring the case to court. Here is an overview of the process and what you should be aware of.

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1. Mediation – first step

Before a child distribution case can be taken to court, mediation at a family welfare office is mandatory. The aim is to help the parents come to an agreement about the child's place of residence, visitation and parental responsibility. After the mediation, a mediation certificate is issued, which is necessary to be able to proceed with the case.

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2. Summons – to bring the matter before the court

If the mediation does not lead to an agreement, one of the parents can submit a summons to the district court in the child's area of residence. The summons should contain a clear description of what the case is about and what demands are put forward. It is often wise to seek legal assistance to ensure that the subpoena is correctly drafted and that you get what you want to get.

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3. Case preparation meetings - try to find solutions

After the summons and response have been received, the court will convene preparatory meetings. These meetings aim to get the parties to agree on an agreement without a full trial. It is common for the parents to bring a lawyer with them, but the judge is most concerned with hearing the parents' views on the case and getting them to reach an agreement. An expert, often a psychologist specializing in children and families, can be appointed to assist in the process and provide insight into what is in the best interests of the child. In many cases, it is possible to agree on a temporary agreement that will apply for a certain time until the next meeting. In the best case, a permanent arrangement is agreed upon in the first case preparation meeting. In the worst case, a time is agreed for a trial.

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4. Main hearing – the heart of the trial

If agreement is not reached in the case preparation meetings, the case goes to the main hearing. Here both parties present their arguments, witnesses can be brought, and the expert presents his assessment. The court will then make a decision based on what is considered to be in the best interests of the child.

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5. After the court decision – what happens next?

Once the court has made a decision, it is binding on both parties. If one of the parents disagrees with the verdict, the case can be appealed to the Court of Appeal within a given deadline. It is important to note that the appeal process may entail additional costs and time consumption.

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Costs – what should you expect?

The costs of a child custody case can vary significantly depending on the complexity and duration of the case. Lawyers' fees, expenses for experts and any court fees must be taken into account. In some cases, it may be possible to get free legal aid, depending on income and assets.

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The best interests of the child – the overriding principle

In all child distribution cases, consideration of the child's best interests is decisive. The court considers factors such as the child's attachment to each parent, stability, ability to care and the child's own wishes, depending on age and maturity.

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Practical advice - prepare well

• Documentation: Collect relevant documentation that can support your point of view, such as communication between the parents, school or nursery reports.
• Legal assistance: An experienced lawyer can provide valuable guidance throughout the process and help protect your and your child's interests.
• Focus on the child: Always keep the child's best interest in focus. A good cooperation between the parents, even during disagreements, is often the best for the child.

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Going through a child custody trial can be challenging. Good preparation, understanding of the process and focus on the best interests of the child can contribute to a more constructive solution.

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Do you need a lawyer in child custody ? Feel free to contact Insa lawyers for a conversation with one of our lawyers. It's completely free.

A breakup can be demanding and emotional, especially when there are children involved. As parents, you are not only responsible for ensuring the best interests of your child, but you also have rights and obligations in connection with decisions about child custody and financial support. This article provides an overview of your rights as a parent in Norway when going through a breakup.

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1. The best interests of the child – always the first priority

When it comes to decisions about children in the event of a breakup, the best interests of the child are always the most important principle. This applies both to voluntary agreements between the parents and to legal decisions. The child's need for stability, belonging and security is given the highest priority, and the child's own opinion is given weight, especially if the child is over 7 years old.

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2. Parental responsibility

Parental responsibility concerns the rights and obligations related to the upbringing and care of the child. If you have had joint parental responsibility before the breakup, this will generally continue after the breakup. However, it is possible to enter into separate agreements if you wish to change this. Should a disagreement arise, the matter can be brought to court.

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3. Permanent residence of the child

The parents must agree on where the child will have their permanent residential address. The options are:

• Permanent residence with one parent: The child lives mainly with one parent, while the other has visitation rights.
• Shared residence: The child lives equally with both parents. This requires the parents to cooperate well and live close to each other.

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If the parents cannot agree on permanent residence, the matter can be decided by the court.

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4. Access rights – right to contact with the child

The child has the right to visitation with both parents, unless there are strong reasons against this. The extent of visitation can be agreed upon between the parents, and a common arrangement may be every other weekend and one fixed weekday, plus a distribution of vacations and holidays.

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If the parents are unable to reach an agreement, the court can determine the visitation. The child's opinion will also be heard here.

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5. Financial support – child support

In the event of a divorce, it is common for the parent with whom the child does not live permanently to pay child support to the other. The amount of child support depends on, among other things:

• Parents' income
• The child's needs
• The extent of togetherness

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NAV can help calculate and collect child support if the parents are unable to agree.

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6. Mediation in case of disagreement

Before a child custody case can be brought to court, the parents must go through mediation. The mediation will help you find solutions that are in the best interests of the child. Mediation is mandatory for parents with children under 16 years of age.

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7. When the legal system becomes necessary

If you are unable to reach an agreement through dialogue or mediation, the matter can be decided in court. The court will then decide on parental responsibility, permanent residence and access based on the best interests of the child. It is advisable to seek legal assistance if a trial becomes necessary.

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8. The child's right to be heard

Children have a statutory right to be heard in matters that affect them. The amount of weight given to the child's opinion depends on the child's age and maturity. For children over 12 years of age, great importance is given to what they themselves want.

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9. Practical tips for a better process

• Communication: Try to have an open and respectful dialogue with the other parent.
• Legal help: Contact a lawyer with expertise in family law for advice and guidance.
• The child's perspective: Remember that what is best for the child should be the top priority throughout the process.

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Summary

When a relationship breaks down, it is important to be aware of your rights and responsibilities as a parent. By putting the child's best interests first and seeking good solutions together, you can help make the transition easier for both the child and yourself. Remember that there is help and support available – whether it is through mediation, lawyers or public services such as NAV.

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Divorce is challenging, but with the right information and support, you can navigate the situation in a way that protects both the child and the parents. Contact us for a conversation with one of our experienced lawyers.

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