Advokat Barnefordeling

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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When parents separate, important decisions must be made that affect the child's daily life - where the child will live, how time will be divided between the parents, and who will make decisions about their upbringing. Child custody includes parental responsibility, permanent residence and visitation, and is fundamentally about finding solutions that safeguard the child's best interests.

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Common distribution models and number of days

Time between parents is often distributed according to percentage models, but it can be useful to convert this to the number of days to get a more concrete picture of everyday life.

• 50/50 child sharing : The child lives equally with both parents – typically 7 days with each, every other week. This requires close cooperation and predictable structure.
• Child distribution 60/40 : Here, the child lives on average 4 days per week with one parent and 3 with the other. A solution that provides balance, while at the same time giving one parent slightly more responsibility.
• 70/30 Child Sharing : A common model where the child lives with one parent but has regular contact with the other parent every other weekend (Friday–Sunday) and one regular weekday each week. This results in approximately 21 days per month with the primary custodial parent and 9 with the other.
• Child distribution 80/20 : The child has a permanent base with one parent and spends time with the other only every other weekend (Friday afternoon to Sunday evening).

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Economic consequences of different distributions

How time is divided between parents has a direct impact on finances – both in terms of child support and public benefits.

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Child support

In the case of a 50/50 division of children, child support is usually not applicable, provided that the parents have roughly equal incomes. In the case of a more unequal division – such as 60/40 , 70/30 or 80/20 – it is common for the person with the least child to pay child support. The amount is determined, among other things, by the income differences and the child's needs.

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Child benefit and other benefits

Child benefit is paid to the parent with whom the child is registered. In the event of shared residence, the parents may agree on shared child benefit. In the event of an uneven distribution, such as in the case of a 70/30 or 80/20 child distribution, the parent with primary custody may be entitled to extended child benefit, transitional benefit and support for childcare.

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Which distribution fits best?

There is no universal solution for child custody. Some children thrive living equally with both parents, while others have a greater need for stability with one fixed base. What is best depends on the child's age, well-being, daily routines and the parents' ability to cooperate. Practical factors such as travel routes, school and extracurricular activities also play an important role.

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The importance of collaboration and mediation

Good cooperation between parents is crucial to creating a safe and predictable everyday life for the child. In the event of a disagreement about visitation or finances, it is legally required to attend mediation before the case goes to court. The goal is to find a solution that works for both parties – but first and foremost for the child.

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Do you need legal assistance?

Child custody can be both demanding and emotional. If you are unsure of your rights, or need help finding a fair solution, it may be a good idea to seek legal advice.

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At Insa lawyers you can get assistance from an experienced lawyer in child custody , who knows the regulations and can help you with everything from advice and contract drafting to mediation and possible legal proceedings.

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