Physical abuse is the use of violence or other physical force against another person, without necessarily causing serious physical harm. It can range from punches and kicks to actions that are perceived as physically offensive, such as spitting, pushing or intentionally throwing objects at someone.
Such acts are punishable under Norwegian law and are regulated by the Criminal Code. How serious the offense is considered to be depends, among other things, on how the offense was committed, what damage was caused, and what circumstances were involved.
In the legal sense, bodily harm is an intentional physical act directed at another person, where the purpose is to cause discomfort, harm or offense. It is not a requirement that the victim suffer permanent physical injuries - it is sufficient that the act has been physically offensive or offensive.
The penalty for bodily harm varies depending on the severity and circumstances. Typically, bodily harm is punishable by a fine or imprisonment for up to 1 year. When determining the penalty, the court considers several factors, including:
Minor bodily harm, for example in the context of an argument, may result in a suspended sentence or fine, especially if there are no previous offenses. In more serious cases, or if the act has occurred before, unconditional imprisonment may be applicable.
In some cases, bodily harm is considered to be serious. This happens when the act has elements that make it particularly serious. Circumstances that can lead to the act being classified as serious bodily harm:
In the case of aggravated assault, the penalty is increased to imprisonment for up to 6 years. Such cases are taken very seriously in Norwegian law, and higher requirements are placed on both evidence and assessment of seriousness.
It can sometimes be difficult to distinguish between bodily harm and bodily injury. Both involve violence, but the difference lies primarily in the extent of the injury.
If the act results in serious or permanent physical harm, it will normally fall under the provision of bodily harm, which has a higher penalty and is considered more serious in the legal system.
If you have been subjected to physical abuse, you have the right to report the incident to the police. It is a good idea to secure evidence as early as possible – this could be photos of any marks, medical records, witness statements or video recordings if available.
You may also be entitled to legal representation, especially if the case is serious or if you feel unsafe. A lawyer can help you consider whether you should report the incident and explain what happens next in the process.
If you have been charged with assault, you should contact a defense attorney as soon as possible. Many people underestimate the seriousness of such cases, but even a first-time offense can have consequences, both legal and personal.
At Insa lawyers, we have extensive experience with various criminal cases, and assist both as defense attorneys and as legal aid lawyers for victims.
We offer a free, no-obligation initial consultation, where we can review your case and advise you on your rights. Book a no-obligation consultation here .
Have you been called as a witness in a criminal case? As a witness, you play an important role in ensuring that the case is explained in the most correct way possible. In this article, you will get an overview of what it means to be a witness in court, what duties and rights you have, and what you should be prepared for.
You are called as a witness because you may have information that is relevant to a criminal case. It may be something you have seen or experienced yourself, or information you have received through conversations or incidents. The court depends on witnesses telling what they know, so that the court has the best possible basis for deciding the case.
As a general rule, you are obliged to appear in court when summoned. If you fail to appear without a valid reason, the court may impose fines or, in extreme cases, arrange for the police to pick you up. If you are ill or have another compelling reason for not appearing, you must document this and contact the court as soon as possible.
When you appear in court, you will usually wait in the hallway or in a witness room until it is your turn. When you are called in, you must identify yourself. Before you explain yourself, you will be reminded of your duty to tell the truth.
Although you are obligated to meet and speak the truth, you also have rights:
Testifying in a criminal case may feel unfamiliar, but your role is crucial to the functioning of the justice system. You have a duty to appear and tell what you know, but you also have the right to protection and coverage of necessary expenses. By appearing prepared and being honest in court, you contribute to a fair trial.
Insa lawyers have extensive experience in assisting in various criminal cases. We offer a free and non-binding initial consultation, where we can review your case and advise you on your rights. Book a non-binding consultation here .
In criminal law, the terms suspect, accused and defendant are not just legal definitions, but descriptions of where the case is in the legal process. With the different phases also come different rights and obligations. In this article, we explain the difference between the terms, and what they mean in practice.
A person is designated as a suspect when the police have reason to believe that the person may have committed a criminal offense. This is the earliest phase of the investigation, where the police work to gather evidence.
As a suspect, you may be summoned for questioning. You are obliged to appear, but you are not obliged to explain yourself. You have the right to know what the suspicion concerns, and it is up to you whether you wish to speak out or remain silent.
As a general rule, you are not entitled to a publicly appointed defense attorney as a suspect, unless the case concerns a very serious crime or you are under the age of 18. You can still hire a private defense attorney to protect your rights, but then you must cover the costs yourself.
If the police consider it likely that you have committed a criminal offence, you will be formally charged . This is a more serious stage in the criminal case where the case is investigated with greater seriousness. As a charge, the police can use several investigative steps, such as arrest, search and seizure of objects.
During this phase, you have several important rights:
It is important to remember that you still have no obligation to explain yourself, and you can never be forced to contribute to your own conviction.
When the investigation is complete and the prosecution believes the evidence is strong enough to convict you, an indictment is issued. The accused is then charged, and the case is sent to court for consideration. As the accused, you are summoned to a main hearing in the district court, where the court decides on the question of guilt and any punishment.
Both the accused and the injured party in criminal cases have the right to free choice of lawyer. This means that you are free to choose which lawyer will represent you. In many cases, the public sector covers the costs of a lawyer, especially in cases involving serious crimes.
It is also possible to change lawyers along the way, as long as this does not delay or disrupt the legal process.
At Insa advokater, we have extensive experience in criminal law and legal process. We assist both as defense attorneys and as legal aid attorneys for victims in criminal cases.
We offer a free, no-obligation initial consultation, where we can review your case and advise you on your rights. Book a no-obligation consultation here .
Domestic violence is one of the most serious and hidden forms of violence in society. When abuse occurs within the four walls of the home – from a partner, parent or other close person – it not only affects the body, but also trust, security and dignity.
Many people who are in, or have come out of, violent relationships find it difficult to ask for help, or simply understand that what they are experiencing is actually criminal.
Domestic violence encompasses more than physical violence. It is about power and control in relationships where there are strong emotional or familial ties. The violence can be psychological, physical, sexual, material or economic.
Examples of such violence may include:
In many cases, the abuse occurs repeatedly over time. It is not always easy to put into words, but there are legal tools to put an end to the violence and protect the victim.
In the Norwegian Criminal Code, abuse in close relationships is regulated in Section 282. This refers to it as a criminal offense to subject a close person to repeated physical or psychological violence, threats, deprivation of liberty or other serious violation.
The penalty framework for abuse in close relationships is:
The law recognizes that the relationship between victim and perpetrator makes such acts particularly stressful. Therefore, this type of violence is treated as a separate category with heightened seriousness.
If you have been a victim of domestic violence, you are generally entitled to legal assistance and free legal aid. This provides you with free legal advice, where a lawyer can assist you with:
At Insa lawyers, we also offer a free and non-binding initial consultation, where we give you an overview of your rights and what measures may be appropriate in your situation. The consultation is completely confidential.
We have extensive experience with cases involving domestic and intimate partner violence. Contact our legal aid lawyers to book an initial consultation.
If you have been the victim of a serious criminal offense, you may be entitled to free legal assistance through a legal aid lawyer. This is an important right that many people are not aware of – and which can be crucial to getting the support and security you need.
In this article, we explain who is entitled to a legal aid lawyer, what the lawyer can assist with, and how to go about having one appointed.
A legal aid lawyer is a lawyer who looks after your interests as an injured party or victim in a criminal case. The lawyer supports you throughout the entire process – from the complaint and investigation to the trial and any compensation claims – and will ensure that your rights are followed up.
You are entitled to free legal assistance in a number of serious cases, including:
In addition, the court may consider that you need legal assistance in other serious cases, even if this is not directly required by law. This is especially true if the case is burdensome, you are in a vulnerable situation, or you have difficulty safeguarding your rights on your own.
Children under the age of 18 are generally entitled to legal representation in all relevant cases – even if they have witnessed serious violence or abuse.
The legal aid lawyer will help ensure that you are heard, understood and well taken care of throughout the case. The lawyer can help you with, among other things:
In many cases, the lawyer will also be able to give you guidance about other rights – for example, access to healthcare, crisis centers or other support services.
No. If you are entitled to legal assistance, the public sector covers all costs. You pay nothing yourself, and there is no deductible.
If you want assistance in a case where the court does not grant an appointment, you must cover the costs yourself. A lawyer can help you assess whether there are grounds for free assistance, and if necessary, submit an application to the court.
In most serious cases, the police or the court will inform you if you are entitled to legal assistance. You are free to suggest which lawyer you want. The court will usually take this into account – as long as the lawyer has the necessary competence and capacity.
If you do not have a specific lawyer in mind, the court will appoint one for you. You can also contact a lawyer who works with such cases directly.
At Insa advokater, we have extensive experience in assisting people affected by criminal acts. We offer a free and non-binding assessment of your case, and can help you to appoint a legal aid lawyer where appropriate.
Contact our criminal law lawyers for a non-binding assessment of your case.
A written warning is a tool employers use to provide clear notice that an employee has acted in violation of workplace expectations or rules. The goal is to get the employee to change their behavior while also ensuring that the employer has documentation in case the situation develops further.
There is no set rule for when to give a warning, but there are several typical situations where it is appropriate:
A verbal warning is often the first step. It can be given in a conversation, but should always be documented – for example, through a report or an email. If the undesirable behavior continues, the next step is often a written warning.
A written warning is more formal and provides clear information about what needs to be changed and what the consequences may be if there is no improvement.
A well-worded warning should:
A written warning does not have a fixed expiry date, but its relevance weakens over time if no new incidents occur. How long it is relevant depends on the severity and how the situation develops afterwards.
Yes. If a dismissal becomes relevant later, previous warnings can strengthen the employer's case. It shows that opportunities for improvement have been given and that measures have been attempted. However, it is not an absolute requirement to have given a warning before giving notice – in particularly serious cases, dismissal or dismissal can occur directly.
Have you found yourself in a conflict or are unsure of your rights? Contact a lawyer with experience in employment law . We offer a free and non-binding video meeting to assess your case.
Receiving a termination can be both unexpected and demanding, and for employers, terminating an employee is a legally and practically challenging process. In Norway, the Working Environment Act sets strict requirements that any termination must be objective. This article gives you as an employee or employer an overview of what is considered objective grounds for termination – and what rights and obligations apply.
According to Section 15-7 of the Working Environment Act, a dismissal must be objectively justified in the circumstances of the business, the employer or the employee. This means that an employer cannot dismiss an employee without a legitimate need or a clear reason that can be documented.
The objective assessment is a comprehensive assessment in which the interests of both the employer and the employee are weighed against each other. It is not sufficient that the employer wishes to terminate the employment; there must be a real and documentable reason.
Layoffs due to business circumstances often involve finances, reorganization, or efficiency improvements. Examples include:
Even in the event of legitimate needs, the employer must consider alternatives such as reassignment, and follow selection criteria such as seniority and competence in an objective and fair manner.
Terminations based on this option are based on circumstances that are more personal to the employer. The option is only applicable in very special situations.
Termination due to circumstances at the employee's own risk applies when the person is not functioning in the role, even after follow-up and facilitation. Examples include:
In such cases, the employer must be able to show that the situation is so serious that dismissal is necessary and not a disproportionate reaction.
In certain situations, employees have extra strong protection:
In such cases, the employer must be able to prove that the termination is not related to the protected relationship.
For a termination to be valid, the employer must follow clear procedures:
If the employee believes the termination is unfair, negotiations may be required and possibly legal action may be taken. In a court case, both the basis and the process behind the termination are assessed. An invalid termination may be declared invalid by the court, and the employee may be entitled to compensation.
Have you found yourself in a conflict or are unsure of your rights? Contact a lawyer with experience in employment law . We offer a free and non-binding video meeting to assess your case.
Starting a new job is exciting – but also a bit uncertain. Many employers use a probationary period to see if you are a good fit for the position and the environment. At the same time, the probationary period also gives you as an employee the opportunity to assess whether the job meets your expectations. But what happens if the employment relationship ends during this period? Here you will get an overview of what applies when you are dismissed during the probationary period.
A probationary period is an agreed period, usually up to six months, during which the employer and employee have a somewhat easier right to terminate the employment relationship. This must be agreed in writing in the employment contract.
The purpose is to give both parties time to assess whether the employment is working as desired – both professionally and socially.
Even though the threshold for dismissal is lower during the probationary period, this does not mean that the employer is free to do so. Dismissal must still be objective, and the reason must be related to:
Dismissal on other grounds such as illness, pregnancy, union membership or other trivial matters is not permitted – even during the probationary period.
Unless otherwise agreed in the contract, the statutory notice period during the probationary period is 14 days , calculated from the date the notice is delivered. This applies whether you or the employer is the one giving the notice. This period runs from the time the notice is actually received , not when it is sent.
The termination itself must be in writing and must contain:
If the employer does not comply with the requirements for form and content, the dismissal may be declared invalid. The employer must also call a discussion meeting before the decision to dismiss is made. During the discussion meeting, the employer must explain why a dismissal is being considered, and what circumstances form the basis for this assessment.
During the probationary period, the employer must follow up on the new employee. This means, among other things, that you as an employee must receive necessary training, clear instructions and guidance.
Insufficient follow-up may be a factor in the assessment of whether a dismissal is unfair. If this is the case, the dismissal will be considered invalid.
It is recommended that the employer holds regular follow-up meetings throughout the probationary period, and that written minutes be kept of these meetings. This gives both the employer and the employee a common understanding of what is expected and how progress is assessed.
If you believe that the termination is not justified, you have the right to request negotiations within two weeks of receiving the termination. If the matter is not resolved in negotiations, you can go to court .
You do not have the right to remain in your position while the case is being processed, as is often the case after the probationary period. However, you may be granted the right to do so if the court believes there are grounds for doing so.
As an employee, you are free to resign even during the probationary period, but you must comply with the notice period. In some cases, it may be worth discussing the termination with your employer to find a good solution for both parties.
The probationary period gives the employer somewhat easier access to dismissal, but it does not mean that you are without rights. A dismissal must be objective, and the employee has the right to have the matter considered in more detail if you disagree. By knowing the rules, you are in a stronger position if the employment relationship takes an unexpected turn.
Feel free to book a free meeting with our employment law lawyers - if you would like an assessment of your case.
Both employees and employers can experience uncertainty when it comes to dismissals during sick leave. What is actually legal – and what is not?
According to the Working Environment Act, you as an employee have special protection against dismissal if you are fully or partially on sick leave and give notice of this. The protection applies for 12 months from the day you became ill, and follows from the Working Environment Act Section 15-8. During this period, the employer cannot dismiss you due to illness, and the protection applies absolutely.
However, this does not mean that it is impossible to be dismissed while on sick leave. The decisive factor is what the real reason for the dismissal is.
If you are dismissed while on sick leave, the employer must be able to prove that the dismissal is due to circumstances other than the sick leave. This could be, for example:
The employer has the burden of proof. If the employer is unable to prove that the termination has another objective reason, the termination may be considered invalid.
If you receive a notice of termination while you are on sick leave, you should react quickly, as the Working Environment Act has several specific deadlines. You can contest the termination in writing if you believe it is invalid.
You have the right to continue in your position until the matter is resolved – either through negotiations or through the legal system. If the dismissal is declared invalid, you may be entitled to your job back and/or financial compensation.
In the case of a temporary position, the same protection does not apply as in the case of permanent employment. Temporary employment contracts normally terminate when the agreed period expires. In the case of a normal termination of the employment relationship, notice of termination is not necessary, and the special protection against dismissal due to illness therefore does not necessarily apply. However, the protection fully applies during the contract period.
The employer must also, to the best of their ability, facilitate the employee's return to work after a period of illness. This may take the form of changed work tasks, reduced working hours, or other measures.
How well the employer has fulfilled the obligation to provide accommodation will be central to the assessment of whether there is a valid reason to terminate an employee on sick leave after the expiry of the 12-month protection period.
If you are dismissed while you are on sick leave, it is important to:
For both employees and employers, a dismissal during sick leave can present demanding assessments. As an employee, it is important to know that you have special protection during the period of illness, and that there are clear deadlines for contesting a possible dismissal. As an employer, it is crucial to act correctly and follow the legal requirements - mistakes can lead to invalid dismissal and financial consequences.
Regardless of which side you are on, it may be a good idea to contact a specialized employment law attorney . We offer a no-obligation, free assessment of your case.
As the holidays approach, child custody becomes an important topic for many divorced or separated parents. Holidays provide an opportunity to spend meaningful, connected time with their children, but they can also present challenges and disagreements.
Parents are largely free to agree on how visitation will be divided during holidays. If there is no agreement, the usual visitation rules apply – which normally do not provide additional provisions regarding holidays. It is therefore recommended to enter into written agreements that clearly regulate who the child will stay with during holidays such as summer, Christmas, Easter and autumn holidays.
There is no one-size-fits-all solution, but we often see arrangements like this:
The agreements can be flexible, but at the same time so specific that they avoid misunderstandings. Clarity prevents conflicts.
Good holiday planning is not just about logistics, but also about creating predictability and security for the child. Children tend to enjoy themselves best when they know what is going to happen and who they will be with. Therefore, plan well in advance, and inform the child as soon as you have an agreement in place. Also, give the child room to express their own wishes, especially if the child is older.
If you cannot agree, it may be a good idea to contact the family welfare office. They will help you negotiate an agreement in a safe and neutral environment. If this does not lead to a settlement, the case can be brought to court, which will then decide how the holiday should be divided based on the best interests of the child.
The court will, among other things, look at the child's need for stability, the relationship with each parent, and whether both parents facilitate good cooperation.
Yes, but it requires consent from the other parent if you have joint parental responsibility. This also applies to shorter vacations. Lack of consent can have serious consequences – both legally and practically.
Written consent is always recommended, and it is wise to agree on details such as travel period, destination, contact options and any sharing of expenses.
Child care during holidays requires planning, collaboration and clear agreements. The goal should always be to create a safe and good environment for the child, so that the holidays are a positive experience for all parties.
If disagreements arise that cannot be resolved through the family welfare office, you can also contact a child custody lawyer for guidance and assistance.
When an agreement is not followed up as expected, it can lead to frustration, loss and practical challenges. As a private individual in Norway, you still have rights if someone breaks a contract. In some cases, you may also be entitled to financial compensation.
A breach of contract – also called a breach of contract – occurs when one party fails to fulfill their obligations under the agreement. This can happen in various ways, for example:
Breach of contract can therefore include delays, deficiencies in performance, and complete failure to perform. The type of breach has an impact on the rights you have as a consumer.
As a general rule, you are entitled to compensation if you have suffered a financial loss as a result of the breach of contract. This applies whether the agreement is written or oral, as long as you can document that an agreement exists.
Three basic conditions must be met:
You must have suffered a financial loss – for example, expenses you have incurred because of the error, or lost income. The loss must be tangible and can be documented. It is not enough that you feel disappointed or annoyed.
The loss you have suffered must be a direct result of the breach of contract. If the loss had occurred anyway, you are usually not entitled to compensation.
In many cases, it is sufficient that there is so-called "control liability" - that is, the other party is liable unless they can prove that the breach was due to something beyond their control, which they could not foresee or prevent.
The compensation must cover the financial loss you have suffered. This may include:
In consumer relations – that is, when you as a private individual buys from a business – there are often separate rules that give you special protection, such as the Consumer Purchase Act and the Craftsmen Services Act.
If you want to claim compensation, you should do the following:
A claim for compensation is generally time-barred three years after you became or should have become aware of the circumstances that give rise to the claim. This means that you should act quickly to secure your rights.
If the conditions for compensation are not met, it may be worth considering whether you may be entitled to a price reduction instead. The procedure is quite similar, but the conditions in the law are not identical. This means that you may be entitled to a price reduction even if you are not entitled to compensation, and vice versa.
Many cases can be resolved through good communication. However, if the other party refuses to acknowledge liability, it may be worthwhile to seek legal help. Remember that many homeowners insurance policies cover legal assistance in disputes – check your insurance. If you are unsure and would like an assessment of your case, it is often worth having a non-binding conversation with a lawyer with experience in contract law and tort law.
Being subjected to unjustified criminal prosecution can be a heavy burden – both psychologically, socially and financially. Fortunately, there are rules in Norwegian law that give you the opportunity to seek compensation if you have been subjected to unjustified criminal prosecution. Here you will get an overview of who can claim compensation, what you can get covered, and how to proceed.
Wrongful prosecution means that someone has been the subject of an investigation, arrest, detention, indictment or trial – without ultimately being convicted, or if the person concerned is later acquitted. It can also be a case that is dropped after the person concerned has been subjected to significant interference.
The purpose of the compensation scheme is to provide compensation for the injustice and burdens that have been incurred as a result of a process that turns out to have been unjustified.
You may be entitled to compensation if you have been:
Compensation can be granted regardless of whether someone has acted negligently or made a mistake – it is sufficient that you have been subjected to an intervention by the legal system without there being any basis for this.
The compensation can cover both financial and non-financial losses. The most common are:
The amount of compensation is assessed specifically in each individual case, and the amounts may vary depending on how serious the intervention has been.
The state is responsible for paying compensation in the event of wrongful criminal prosecution. Applications for compensation are submitted to the Norwegian Civil Rights Administration (SRF), which assesses the claim in accordance with the rules of the Criminal Procedure Act, Chapter 31.
The application should contain:
It is recommended that you contact a defense attorney with experience in tort law for assistance in the process. In most cases, you can have your attorney's fees covered through the legal aid scheme.
An application for compensation should be submitted as soon as possible after the case has been concluded. You usually have 3 years from the time you learned that the criminal case was dismissed or you were acquitted. It can be unfortunate to wait too long – both because the evidence is weakened, and because a long wait can affect the outcome.
If you have been subjected to wrongful criminal prosecution, you have good opportunities under Norwegian law to claim compensation from the state. The scheme is there to restore a certain amount of justice and provide compensation for the burden you have been through.
Would you like help evaluating your case? Contact one of our experienced lawyers for a free assessment – it may be a good place to start.
When a close relative passes away as a result of an accident or other traumatic event, the consequences can be both emotionally and financially demanding. In addition to the grief, many are left with questions about financial security, especially if the deceased contributed significantly to the family's finances.
Survivors' compensation is financial compensation to survivors when a survivor dies as a result of an injury or event for which someone can be held legally liable. This can be traffic accidents, occupational injuries, violent incidents or other cases where liability is applicable. The purpose is to cover the financial loss that occurs because the deceased can no longer contribute to the family's support.
Compensation for loss of dependents may be applicable for:
It is important to note that there must be an actual support relationship – it is not enough to be related. For example, adult children will normally not have a claim unless they were financially supported to a significant extent.
Compensation may be applicable if the death is due to:
Liability for compensation may lie with a private individual, employer, insurance company or the state – depending on what caused the death.
The compensation shall, as a general rule, cover the financial contribution the deceased would have made if he or she had lived. This includes:
The compensation shall contribute to the restoration of the financial situation that would have existed without the death.
The calculation is based on the deceased's income, the survivor's financial situation and how long the support would have continued. Usually, a discretionary assessment is made based on standardized guidelines, but individual circumstances may come into play. Children are usually paid survivor's compensation until they reach the age of 20.
It is common for NAV, insurance companies and possibly lawyers to be involved in the calculation and payment of compensation.
To receive compensation, you must submit a claim to the correct authority. Which authority this is depends on the cause of death:
The processing time varies, but it is not uncommon for such cases to take several months. The complexity of the case, the documentation required, and the workload of the insurance company or public authority play a role. It is therefore important to start the process as early as possible.
Survivors' compensation is intended to ensure that you and your loved ones do not suffer financially as a result of a death that could have been avoided. It can feel overwhelming to familiarize yourself with the compensation rules while dealing with grief and loss. However, you are not alone. Fortunately, many people are entitled to free legal aid through insurance or the public sector. Please contact one of our experienced compensation lawyers for a free assessment of your case.
Changing a visitation agreement may be necessary when the child's needs change, or when practical circumstances make the existing agreement inappropriate.
Changing the visitation agreement should be reconsidered if:
It is important to remember that the best interests of the child should always be the overriding consideration when changing the visitation agreement.
The first step is to have an open and honest conversation with the other parent. If you agree, you can update the visitation agreement in writing. A written agreement provides predictability and can be useful when contacting public agencies such as NAV.
If you cannot agree on your own, you can contact the family welfare office for mediation. Mediation is free and aims to help you find a solution that is in the best interests of the child. Children over the age of 7 have the right to be heard in such processes.
If mediation does not lead to any progress and the other parent refuses to change the visitation agreement, the case can be brought to court. Before this, you must have a valid mediation certificate - proof that you have completed or attempted to complete mediation. The court will then assess the case with the best interests of the child as the decisive criterion.
Children have the right to express their opinion in matters that concern them. From the age of 7, the child's opinion shall be given weight, and from the age of 12, great weight shall be given to the child's point of view, provided that the child is capable of forming his or her own opinions. This follows from Section 31 of the Children's Act.
When changing the visitation agreement, it is important to consider:
A well-thought-out agreement takes these factors into account to ensure a stable and predictable everyday life for the child.
If there is high conflict between the parents, or the case is complex, it may be a good idea to seek legal assistance. A child custody lawyer can help you understand your rights and obligations, as well as represent you in court if necessary.
Getting handyman work done in your home can be both exciting and necessary – whether it's renovation, improvement or maintenance. But what do you do if the result isn't as agreed? Unfortunately, many people experience that the work doesn't meet the quality promised, or that the work is delayed or defective. Fortunately, as a consumer, you have rights – and the opportunity to complain.
A complaint means that you notify the craftsman that there is something wrong with the work performed. The notification should (but does not have to) be in writing and it must be clear that you are complaining about the work.
There are two deadlines you must adhere to:
1. The absolute deadline is 5 years after the work was completed. After that, you generally cannot complain, unless the craftsman has acted with gross negligence or in breach of good faith.
2. The relative deadline is within a reasonable time after you discovered, or should have discovered, the defect. This means that you cannot wait months after you have seen the problem – as a rule, you should complain within two to three months.
If it turns out that there is a defect in the work, you as a consumer have several options:
1. Document the deficiency.
Take pictures, collect receipts, and write down what's wrong.
2. Send a written complaint to the craftsman.
Describe the defect clearly and what you are requesting (e.g. correction, price reduction). An email is fine, but make sure you can prove that the complaint has been sent .
3. Give a reasonable time for response.
Two weeks is usually enough.
If the craftsman does not respond, rejects the claim or does not do anything about the defect within the deadline, you can contact the Consumer Authority for possible mediation. If it is a major case, it may be worth contacting a lawyer as soon as you discover the defect.
To reduce the risk of conflict, it is important to have a written agreement with the craftsman, where the price, time frame and what is to be done are clearly stated. Also check references and whether the craftsman is registered in the Brønnøysund Register or has central approval - use reputable players.
If you discover errors or deficiencies after craftsman work, you have rights under the Craftsman Services Act. The most important thing is to complain quickly and clearly, and to know what claims you can make. By taking action early and documenting the case well, you are in a stronger position – and increase the chance of a good solution. Do you want help assessing whether you have a case, or need help with complaining? Contact us for a free meeting.
Buying a home is a big investment and for most people the biggest financial decision of their lives. Unfortunately, for some, the home turns out not to be what they expected. There may be serious defects or deficiencies that were not disclosed in advance. In some cases, these deficiencies may be so serious that you have the right to cancel the home purchase. But what does canceling a home purchase actually mean, and what does it take to be able to claim it?
When a home purchase is cancelled, it means that the purchase agreement is terminated. The home is transferred back to the seller, and you get the purchase price back. The parties should initially be treated as if the purchase had never taken place – you should receive compensation for any enrichment you have caused to the home through renovation work, but deductions for the benefit you have had from the home. However, a cancellation settlement is an intrusive legal action, and strict requirements are therefore imposed for your claim to be successful.
In order to cancel a home purchase, there must be a defect that constitutes a material breach of contract. That is, the defect must be so serious that it constitutes a clear breach of the contract and makes it unreasonable to expect you, the buyer, to be bound by the contract.
A specific assessment must be made to determine whether the threshold for "material" has been reached. The assessment emphasizes, among other things, the following points:
Typical examples of defects that may provide grounds for an increase include extensive moisture and rot damage, illegal construction or construction defects that significantly shorten the life of the home.
If you are considering raising your home purchase, it is important to act quickly and document everything. Follow these steps:
1. Complain in writing : Notify the seller as soon as you discover the defect. This must be done within a reasonable time – normally within 2–3 months. If you wish to cancel, you must notify this within the same period. This is not necessary if you are only requesting a price reduction or compensation .
2. Document the defects thoroughly : Use professionals, such as appraisers or building consultants, to document the damage. Photos, reports, and emails can be important evidence .
3. Seek legal assistance : Revocation is a demanding process. An attorney experienced in property disputes can assess whether the conditions are met and represent you, if necessary in court. The earlier the attorney is involved, the better advice you will be able to get to navigate the case.
Canceling a home purchase is possible, but only when there is a defect that constitutes a material breach of contract that makes it unreasonable to expect you to abide by the agreement. If you are unsure of your rights, it may be a good idea to contact a lawyer with experience in home purchases .
When purchasing expensive items such as a car, boat, electronics or furniture, errors and defects can quickly lead to major financial losses. If you experience problems that are not resolved, or if you encounter resistance from the seller, you should keep these things in mind.
The Consumer Purchase Act applies when you, as a private individual, buy a product from a trader – either in a store or online. The law applies regardless of whether the product is new or used, and whether it was purchased in Norway or from a Norwegian online store. However, it does not apply to purchases between two private individuals; in that case, the Purchase Act applies, and you do not have as strong a protection
A product has a defect when it does not correspond to what you were told, either in terms of properties, function or quality. It can also be a matter of incorrect marketing or missing information. The Consumer Purchase Act sets clear requirements for what you as a buyer can expect, and gives you protection against such defects.
If the item you have purchased turns out to be defective, you have rights that are often worth exercising. In the first instance, the seller has the right to attempt to correct the defect (section 29 of the Norwegian Consumer Code). If this is not possible, you can:
Cancellation is primarily applicable if rectification or replacement is not successful. Cancellation can therefore be referred to as a secondary breach of contract effect. If the seller proves that the defect is insignificant, the consumer cannot demand cancellation. Typical examples of when cancellation may be applicable are extensive engine problems on a newly purchased car, or repeated defects that make it unreasonable to wait for several repair attempts.
To make a claim, you must file a complaint within a reasonable time – normally no later than two months after you discovered the defect. The absolute complaint period is two years, but for goods that are intended to last longer, such as white goods, electronics or vehicles, it can be up to five years.
The complaint should always be in writing and contain a clear description of the defect and what claim you are making. It is not a requirement by law that the complaint be in writing, but you can more easily prove that it was sent within a reasonable time if you have written proof. Feel free to attach pictures, receipts and any documentation from professionals.
Many people are not aware that the legal aid coverage in your home insurance can often cover a large part of your legal fees. The lawyer can help you assess whether there is a legal defect, advise you on further steps and file a claim against the seller. This is particularly useful if you want to cancel the purchase or claim compensation.
If you are unsure whether you have a case, or need help filing a complaint, contact us for a free meeting.
Have you received an invoice from the craftsman that does not match what you were told? Perhaps the total amount is much higher than agreed, or there are additional charges that you are not aware of. Fortunately, as a consumer, you have clear rights when there is a disagreement about price.
When the final price does not match what you expected, you should first find out what type of agreement is involved. Have you agreed on a fixed price, a price estimate, or will the work be invoiced by the hour without any further limits?
The most common price agreements are:
There are several reasons why the price may have been higher than expected – for example, the scope of work changed along the way, hidden errors emerged, or the agreement was too vague.
But a higher bill does not automatically mean that you have to pay everything. A craftsman does not have the right to invoice more than what was agreed. In addition, the craftsman is obliged to document and notify you if the price changes significantly.
An important step for you is therefore to review the invoice and compare it with the signed agreement.
If you believe there is an error in the invoice, it is important to report it as soon as possible. Send a written request to the craftsman, for example by email, describing what you believe is wrong and what you expect to happen next. Be clear and specific. Written communication ensures that you have documentation if the matter develops further.
Example:
"Hello, I am referring to the invoice dated May 12, 2025. I am questioning the price invoiced, as this deviates from what we agreed upon. I request that this be reviewed and that I receive an explanation before considering payment."
If there are defects in the work or the invoice is incorrect, you can withhold part of the payment. This only applies to the amount that is proportional to the defect – not the entire invoice, unless the entire work is defective.
It is important that you inform the craftsman that you are withholding payment and why. This shows that you are not refusing to pay without reason, but that you are exercising your rights as a consumer.
It is important that you collect documentation along the way. Take care of:
Good documentation can be the difference between being right and being proven right.
If you cannot reach an agreement with the craftsman, you have several options:
If you are unsure whether you have a case, or need help filing a complaint, contact us for a free meeting.
Hiring a tradesman for renovation or maintenance can save you time. But what do you do when the result doesn't live up to your expectations, whether it's delays, poorly executed work, or disagreements about completion? In this guide, we try to give you an overview of your rights and how to best proceed if your tradesman doesn't deliver as agreed.
The relationship between you as a consumer and the craftsman is regulated by the Craftsman Services Act . The law is designed to protect you and is intended to ensure, among other things:
If you discover errors, deficiencies, or that the craftsman has performed poor work, quick and systematic action is crucial:
Gather evidence. Take detailed photos and videos of the errors, and note when you discovered them. Keep all relevant documentation such as contracts, quotes, invoices and written communications (email, SMS). Good documentation can strengthen your case, and make it easier to be heard that you have the right on your side.
Send a clear and written complaint as soon as possible. Describe exactly what you are dissatisfied with and what errors you have found. Set a reasonable deadline for correction or completion. Good communication early on can resolve many disputes. This is referred to as a complaint, and is crucial for you to keep your claim intact and be able to pursue it further if you cannot reach an agreement.
If the craftsman does not follow up, the Craftsman Services Act gives you several options:
If you cannot reach an agreement, you can contact the Consumer Council, the Consumer Authority or the Conciliation Council. If you have legal aid insurance through your home or contents insurance, it can often cover part of the legal fees.
If the case is complex, the claim is large, or you feel unsure about the way forward, it may be a good idea to contact a lawyer. We can assist with:
If you are unsure whether you have a case, or need help filing a complaint, contact us for a free meeting.
Negotiating and entering into contracts is a natural part of both everyday life and larger projects. Whether you are buying a home, contracting a craftsman service or selling something on Finn.no , it is important to be aware of how agreements are made – and which pitfalls you should avoid. Here is a practical guide for you as a private individual in Norway.
Many people believe that an agreement is only valid when it is signed in writing. This is not true. In Norwegian law, the principle of freedom of form applies, which means that an agreement is just as binding verbally as it is in writing. The decisive factor is whether the parties have given each other reasonable grounds to believe that they intended to be bound.
A classic example is: You offer your neighbor to buy your bike for 1000 kroner, and he says "yes". The agreement is then concluded, even without written documentation. This also means that you cannot simply withdraw, unless there are agreed upon reservations.
One of the biggest mistakes individuals make is entering into agreements without specifying important details. For example:
Lack of precision can lead to misunderstandings and conflicts, so it may be a good idea to get help from a lawyer if you are unsure about how the agreement should be drafted.
Although oral agreements are binding, they are difficult to prove. In a dispute, words often stand against words. Therefore, you should always get the agreement in writing – either on paper, by email or SMS. It gives you peace of mind if something goes wrong later.
In negotiations, it can be unclear when a binding agreement has actually been reached. If you do not want to commit until everything is signed, you should clearly communicate this – for example, by taking a signing reservation. This will prevent the other party from thinking the agreement has been reached before you are ready.
The rules surrounding contract negotiation and contractual issues can be more complex than they first appear. Uncertainty about what has been agreed, when an agreement was entered into, or whether the other party has kept their end of the agreement can have major financial consequences.
At Insa advokater you will receive assistance from an experienced contract law attorney with good insight into contract law and negotiation techniques. Whether you need help drafting a solid contract, or are in the middle of a conflict, an early legal assessment can be crucial to securing your interests.
If you have suffered injury or financial loss as a result of the actions of others, you may be entitled to compensation. This guide provides an overview of what a compensation claim is, what conditions must be met, and how to proceed to claim compensation.
A damages claim is a claim for financial compensation for damage or loss caused by another party. The goal is to restore you to the financial situation you were in before the damage occurred.
To be entitled to compensation, three basic conditions must be met:
Compensation is divided into several categories:
A claim for damages must normally be made within three years of the date you became aware of the damage and the person responsible. Waiting too long may cause the claim to become time-barred, so act quickly. A claim can also be lost as a result of inaction.
If you have a low income or limited resources, you may be entitled to free legal aid from the state. This applies, among other things, to personal injuries and compensation for victims of violence, and covers legal assistance in whole or in part. Contact a lawyer or the county governor for an assessment.
In addition, many insurance policies, such as home and car insurance, include legal aid coverage. This means that legal fees in disputes may be covered, for a deductible. Check the terms of your insurance contract or ask the insurance company directly.
The rules for damages claims and statutes of limitations can be complicated, especially when it is unclear when the statute of limitations begins to run, or if it has been interrupted. If you are unsure whether your claim is still valid, it may be wise to get a legal opinion.
At Insa advokater you will receive assistance from an experienced tort lawyer who has in-depth knowledge of the law and what is required to safeguard your rights. An early assessment can be crucial to the outcome of your case.
A breakup is often a challenging time, especially when children are involved. Agreeing on child custody can be complicated, but with the right information and guidance, the process can be more transparent.
Parental responsibility refers to the right and duty to make decisions for the child in personal matters, such as name, passport and medical treatment. As a general rule, both parents have joint parental responsibility after a breakup, unless otherwise agreed or determined. This applies regardless of whether the parents were married or cohabiting.
After a breakup, it must be decided where the child will have their permanent residence. The parents can agree on shared permanent residence, where the child lives almost equally with both, or permanent residence with one parent with visitation for the other. The choice of permanent residence affects, among other things, who can make decisions about everyday matters such as kindergarten, school and leisure activities in addition to moving with the child domestically.
If parents cannot agree on parental responsibility, permanent residence or visitation, mediation is mandatory for parents with children under the age of 16. The goal of mediation is to reach an agreement that is in the best interests of the child. Mediation usually takes place at a family welfare office, and both parents are required to attend.
If mediation does not lead to an agreement, the matter may be brought before the court. The court will then decide on issues of parental responsibility, permanent residence and access based on what is considered to be in the best interests of the child. The child's opinion will also be heard, especially if the child is over 7 years old, and great importance is given to the child's opinion after the age of 12.
When determining child support, both parents' income, the child's needs and the extent of contact are taken into account. NAV can assist with calculating and collecting child support if the parents cannot agree.
In all decisions about child custody, it is crucial to have the best interests of the child as the primary focus. This means ensuring a stable and safe care situation, as well as maintaining a good relationship with both parents as far as possible.
Navigating child custody issues can be challenging, but with the right information and support, parents can find solutions that meet both their child's and their own needs. Contact us for a free consultation with one of our attorneys with expertise in child custody .
Receiving a report of concern from child welfare can be a stressful experience for both parents and children. It is important to understand the process and what rights you have if you wish to complain about such a report.
A report of concern is a report to the Child Welfare Service from a person or agency who is concerned about a child's care situation or behavior. The Child Welfare Service is obliged to assess all reports received to determine whether further investigation is needed.
As a parent or guardian, you do not have a formal right to complain about the report of concern itself. Child welfare services are obliged to assess all reports they receive, regardless of content or sender. However, you have the right to be informed about the content of the report and the opportunity to express your opinion during the child welfare services' investigation.
When child welfare services receive a report of concern, they must review it within a week. If it is decided to conduct an investigation, child welfare services will contact the family, conduct a home visit and possibly obtain information from other agencies such as the school or health care system.
If you disagree with the child welfare service's decision after an investigation, you have the right to appeal. The appeal must be submitted in writing or orally to the child welfare service. If the child welfare service maintains its decision after considering the appeal, the case will be forwarded to the child welfare board for a final decision.
If you believe that the report of concern is based on false or unfounded allegations, you can report the matter to the police. It is important to document why you believe the report is false, so that the police can assess the case on the correct basis.
Dealing with a child welfare complaint can be challenging, but with the right information and support, the process can be more transparent and fair. Book a free meeting with one of our experienced child welfare lawyers .
Have you suffered an injury after medical treatment? Many patients experience that errors or shortcomings in health care have major consequences – both physical, psychological and financial. In such cases, you may be entitled to patient compensation. Here you will get an overview of what the scheme entails, how to apply, and when it may be advisable to get legal assistance.
Patient compensation is a compensation scheme for injuries caused by failures in the healthcare service. This may include malpractice, inadequate follow-up, delayed diagnosis or incorrect medication – in both the public and private healthcare systems.
The purpose is to cover financial losses resulting from the injury, such as lost income, additional treatment costs and reduced ability to work. In the case of permanent injuries, you may also be entitled to compensation for lost quality of life.
You may be entitled to patient compensation if the following conditions are met:
It is not necessary to document the provider's fault. It is sufficient that the healthcare provided was not in line with current medical standards.
Applications are sent to the Norwegian Patient Injury Compensation Scheme (NPE). The scheme is free and available to everyone, and you can apply without using a lawyer. However, it is important to be aware that the case must be well documented and that there are deadlines for submitting a claim.
The general statute of limitations is three years , calculated from the time you became, or should have become, aware of both the damage and its cause. If you miss this deadline, you may lose your right to compensation – regardless of how serious the damage is.
While it is possible to handle the case on your own, it may be wise to seek legal assistance in certain situations. An attorney with experience in patient injury can assess the case objectively, help you document the injury, and ensure that you file a proper and complete claim.
It may be particularly appropriate to have a lawyer if:
In many cases, you can have the costs of legal assistance covered, in whole or in part. If you are successful, both the NPE and the Patient Injury Board can cover necessary legal expenses. In addition, many home insurance policies offer legal aid coverage, which can be used if the case proceeds to an appeal or the court system.
An early legal assessment can be crucial. An experienced lawyer can quickly clarify whether you have a case, help secure the correct documentation, and ensure that the claim does not expire. It can be the difference between success and failure.
The rules for patient compensation can be challenging to navigate, especially when it comes to documentation, assessment of medical negligence, and deadlines. In such cases, it is advantageous to get help from someone who specializes in tort law.
At Insa lawyers, you can get assistance from an experienced lawyer in tort law who knows the regulations and can ensure that your rights are protected.
Being subjected to violence or abuse can be a deeply traumatic experience, and it can have both psychological, physical and financial consequences. To help victims in a difficult situation, there is a public scheme in Norway that gives the right to financial compensation: violence victim compensation. Here you can find out more about what the compensation covers, who can apply, and how to proceed.
Victim compensation is financial support from the state for people who have been subjected to serious criminal acts. This includes physical violence, threats, abuse and sexual assault. The scheme is intended to help cover both direct expenses and the burden the violence has placed on you.
You may be entitled to victim compensation if:
There is no requirement that the perpetrator has been convicted or even identified. Even if the case has been dismissed, or if the perpetrator is under 15 years of age, you can still apply.
The compensation can cover both financial and non-financial losses. This includes:
There is an upper limit to how much compensation you can receive, but the amounts can be significant depending on the case.
To apply, you must follow these steps:
The application deadline is one year after a final decision to prosecute has been made or a final judgment or court settlement has been reached. If the case has been dismissed due to criminal statute of limitations, the application must be submitted before the claim against the tortfeasor is time-barred according to the Statute of Limitations Act.
Processing times vary, but it is common to wait between 6 and 18 months for a response. Complete documentation can help speed up processing.
If the application is rejected, you have the right to appeal. The appeal will first be reviewed by the Office for Victim Compensation, and will be forwarded to the Civil Rights Administration for further appeal processing if the decision is not reversed. The deadline for appealing is usually three weeks after you receive the decision, so it is important to react quickly.
Applying for victim compensation can be demanding, especially if the case is complex or if you are denied and are considering appealing.
At Insa advokater you can get help from an experienced tort lawyer who knows the system and can ensure that your rights are protected. We help you with everything from legal assessment of the case, to completing and submitting the application, and any appeal processing.
When young children are involved in a breakup, there are extra high demands on how parents cooperate on child custody. For the very youngest, it is not just about practical solutions, but about creating a stable, safe and predictable everyday life.
In all matters concerning children, there is one principle that remains constant: the best interests of the child shall be paramount. This is enshrined in the Children's Act and governs both private agreements and legal decisions. For young children, this means in particular that attachment, predictability and a stable care base must be emphasized.
When a relationship breaks down and the child is under one year old, visitation arrangements must be adapted to the child's developmental level and need for security. In this phase, the attachment to the primary caregiver – often the one who has had the main responsibility for the child – is crucial.
Visits with the other parent should be frequent but short, and preferably in familiar surroundings. This gives the child the opportunity to build a relationship without creating unnecessary stress. Overnight stays are usually not recommended for infants, especially if the child is breastfed or has an irregular circadian rhythm.
As the child develops, the visitation arrangement can also be expanded. For children between one and three years old, it is still about ensuring continuity and security – but with somewhat greater flexibility.
Emotional reactions such as restlessness, sleep problems or separation anxiety must be taken seriously. It is important that the visitation arrangement is not rigid, but adjusted in line with the child's development.
Shared residence means that the child lives equally with both parents. This can work well for older children, but for those under three years of age, this is often discouraged by professionals. Young children need one main base to develop a secure attachment.
If shared residence is considered for such young children, it requires a high degree of cooperation and communication between the parents – and that the child already has strong, secure relationships with both.
Parents who separate and have children under the age of 16 must go through mediation. The goal is to agree on parental responsibility, residence and visitation. Many people manage to find solutions themselves, often with help from a family welfare office or lawyer.
If disagreement persists, the matter can be brought to court. The court will then make a decision based on the best interests of the child – paying particular attention to the child's age, attachment and need for stability.
Many parents are not aware that they may be entitled to free legal aid in cases concerning child custody. This is especially true if the case is being heard in court and you have a low income and few resources. In some cases, free legal aid is provided regardless of income, for example if it concerns serious conflicts concerning children. This must be applied for from the State Administrator.
Free legal aid can cover both legal advice and assistance from a lawyer during legal proceedings. To find out if you are entitled to this, you can contact a lawyer or visit the legal aid scheme via the Government's website.
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.
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.
When a relationship ends, questions often arise about how the parental role should be continued. For many fathers, the process of child custody can be perceived as confusing and challenging. Although the Children's Act in Norway is clear that parents should be treated equally, practice shows that there are still misunderstandings and different perceptions of fathers' rights in child custody.
The Norwegian Children's Act is basically gender-neutral. This means that the mother and father should be considered equally when deciding where the child will live and how contact should be organized. Nevertheless, many fathers experience that the mother often has a more central role in the division of children.
This difference is largely due to old ideas about parental roles, and not the law itself. The legal starting point is clear: It is the best interests of the child that should be the guiding principle – not the gender of the parents.
If the parents cannot agree on child custody on their own, there are several legal frameworks and arrangements that ensure that both parents are heard.
As a father, you have the same right as the mother to request that the child have permanent residence with you, or that you have shared residence. With shared residence, the child lives almost equally with both parents, and both have equal influence over major decisions related to the child's life, such as school, health and residence. The court emphasizes several factors when considering a residence solution:
If the child is given permanent residence with the other parent, you still have the right to visitation. A standard visitation arrangement often involves every other weekend, as well as sharing vacations and holidays, but the arrangement can be adjusted if both parties wish. If you feel that visitation is too limited, you have the right to have this assessed by a court.
The vast majority of parents have joint parental responsibility after a breakup. This means that both parents should be involved in important decisions concerning the child. If one parent wants to change this, it requires the consent of the other – or a court order.
There is a widespread myth that the court automatically grants primary custody to the mother. Although in practice the mother more often ends up with permanent residence, recent statistics show that fathers are increasingly being successful – especially when they are well involved in the child's life and can document good caregiving skills.
The court is increasingly looking at the entirety of parenthood, and no longer gives unconditional priority to the mother.
In the event of a disagreement about children after a breakup, the first step is usually mediation. Parents with children under the age of 16 are required to attend mediation before any legal action. The goal is to find a solution that both parties can agree on, without going to court. In many cases, this leads to good and lasting agreements.
If mediation does not lead to progress, the matter can be brought to court. The court will then consider what is in the best interests of the child, based on a comprehensive assessment of both parents' situation and ability to care for them.
In such cases, it is highly recommended to seek legal assistance early in the process. A lawyer with experience in child custody cases can help you clarify your rights, formulate claims, and safeguard your interests throughout the process – whether it concerns visitation, residency, or parental responsibility.
If you are in a conflict, or want to have your options assessed, it can be crucial to have a stable and specialized legal partner. A child custody lawyer can provide you with security and guidance throughout the process.
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.
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.
How time is divided between parents has a direct impact on finances – both in terms of child support and public benefits.
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.
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.
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.
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.
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.
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.
When you have a claim for compensation – whether following a personal injury, breach of contract or financial loss – it is important to act within certain time limits. If you wait too long, your claim may be time-barred and you will lose the right to have it fulfilled.
Statute of limitations means that a claim can no longer be asserted if it is not reported within certain deadlines. For compensation claims, this applies to both:
A claim may be time-barred either because too much time has passed from the time the claim could have been met until you actually demand payment, or because you cannot invoke any additional deadlines.
Statutes of limitations serve an important function in the legal system. They are designed to:
In short: the older a claim is, the more difficult it is to prove what actually happened. That's why there are absolute deadlines.
The general limitation period is 3 years . This follows from Section 2 of the Limitation Act. When the period begins to run depends on the type of claim in question.
In the event of a breach of contract, the limitation period runs from the time the breach occurred – normally upon takeover or delivery , not from when you discover the fault.
Example: You have plumbing work done in 2018, but discover in February 2023 that a mistake has been made. The limitation period still ran from 2018, and when the mistake was discovered, more than three years have passed and the limitation period has therefore expired. If you could not have discovered this earlier, you have the opportunity to get an additional period of one year – until February 2024 – to file a claim, even though more than three years have passed since the work was performed.
If you claim compensation from a party with whom you are not in a contractual relationship, the time limit runs from the date you received or should have received the necessary knowledge of both the damage and the person responsible.
Example: You injure yourself after falling on ice outside a store in 2022, but the doctor only proves permanent damage in 2024. The statute of limitations starts in 2024.
Prescription can be interrupted in the following two main ways:
When the statute of limitations is interrupted, the original statute of limitations is interrupted and reset . This means that a new statute of limitations – usually three years – begins from the time the interruption occurred.
The statute of limitations can be challenging to navigate, especially when there is uncertainty about when the statute of limitations starts or whether it has been interrupted. If you are in doubt about whether your claim can still be enforced, it may be a good idea to get a legal opinion.
At Insa lawyers, you will receive assistance from an experienced lawyer in tort law who knows the regulations and what is needed to secure your rights.
Experiencing a seller withdrawing from a deal can be frustrating and creates uncertainty. It's important to know your rights as a buyer and what steps you can take in such a situation .
In Norwegian law, the general rule is that agreements are binding when both parties have agreed on essential terms. This applies regardless of whether the agreement is made orally or in writing. For example, if a seller accepts your offer for a home, the agreement is considered binding on both parties, even if you have not signed a written agreement.
If the seller withdraws from a binding agreement without valid reason, you as the buyer have several options:
There are situations where the seller may have the right to withdraw from the agreement, for example if there are significant misunderstandings, non-payment by the buyer, or other circumstances that render the agreement invalid. Each case is unique, and it is therefore important to carefully consider all circumstances.
Dealing with a breach of contract can be complicated, but with the right information and assistance, you can protect your rights as a buyer. Feel free to contact one of our lawyers for individual guidance!
As a landlord, it can be challenging when a tenant fails to pay rent. It is important to act quickly and follow the correct procedures to secure your rights and minimize financial losses.
Start by sending a written payment reminder shortly after the due date. This can often remind the tenant of the obligation and lead to prompt payment.
If payment is still not made, there may be grounds for terminating the lease. According to the Tenancy Act, a material breach is required to terminate, unless otherwise agreed. Not paying rent may constitute such a material breach, especially if it is repeated or occurs over a long period of time. However, in some cases it may be unclear where the line is drawn, and it may be advisable to obtain a legal opinion before taking drastic action.
If the lease is terminated and the tenant refuses to move out voluntarily, you must file a petition for a variance (eviction) with the bailiff. To do this, you must have a valid basis for enforcement, such as a written lease with an eviction clause for default. You must also have sent the tenant a written notice of eviction before you can file a petition with the bailiff.
If a deposit account has been set up, outstanding rent can be collected from it. This usually requires the consent of the tenant or a decision from the Rent Disputes Committee or the courts. It is important to follow the correct procedure to avoid illegal use of the deposit.
Important considerations
By following these steps, you as a landlord can handle unpaid rent in an efficient and legal manner, while safeguarding your rights. If you would like legal advice, you may want to speak to a lawyer with experience in money claims law .
Buying a car from a dealer gives you as a consumer certain rights if the car turns out to be defective. In some cases, it may be appropriate to cancel the purchase, i.e. return the car and get your money back. This guide provides an overview of when and how you can cancel a car purchase from a dealer.
In order to be able to cancel a car purchase, the following conditions must be met:
Follow these steps if you want to cancel your car purchase:
Canceling a car purchase is a process that requires certain conditions to be met and proper procedures to be followed. By following the steps above and seeking professional help if necessary, you can safeguard your rights as a consumer.
When the police drop a criminal case, it can be frustrating for the parties involved. Norwegian law gives you the opportunity to appeal such a decision. Here is a guide on how to proceed.
Dismissal means that the prosecution decides to close the investigation without bringing charges or issuing a fine. This can be due to several factors, such as lack of evidence, the fact that the matter is not considered a criminal offense, or that the perpetrator is unknown. In some cases, lack of resources can also lead to dismissal.
The victim, and in certain cases also the complainant, survivors and public bodies, may have the right to appeal a dismissal. If the police have dismissed the case, the appeal can be directed to the State Attorney. It is important to note that there is no right of appeal against the State Attorney's decision in a complaint case.
The appeal deadline is three weeks from the time you received notification of the dismissal. For those who have not received such notification, the deadline runs from the time you became or should have become aware of the decision.
When drafting a complaint, you should:
It may be beneficial to seek assistance from an experienced criminal defense attorney to ensure that the complaint is as solid as possible.
The complaint must be sent to the authority that made the decision you wish to appeal. If the police have dropped the case, the complaint is sent there. If the public prosecutor has made the decision, the complaint is sent to the public prosecutor.
Once the complaint has been received, the superior prosecutor's office will reassess the case. They may either maintain the closure or decide to resume the investigation. You will be informed of the outcome of the complaint process.
Appealing a dismissal can be a complex process, but by following the correct procedure and seeking professional help, you increase the chance that your case will be reconsidered. Would you like assistance with your case? Feel free to book a free meeting with one of our lawyers here.
Discovering faults or defects in your home after taking possession can be frustrating. Fortunately, Norwegian law gives you as a buyer certain rights. Here is a guide on what to do if you discover faults after taking possession.
A defect exists if the home does not comply with what was agreed upon, or if it is in a worse condition than you could reasonably expect based on the purchase price and other circumstances. This may include hidden defects that were not visible at the time of purchase, or deviations from information provided by the seller.
When you discover a defect, it is important to complain to the seller as soon as possible. According to the Disposal Act, this must be done within a “reasonable time” after you discovered or should have discovered the defect. In practice, this is often interpreted as within three months. The absolute complaint deadline is five years from the date of takeover.
To strengthen your case, you should:
In the complaint you should:
The seller usually has the right to attempt to remedy the defect. If the seller is unwilling or unable to remedy the defect within a reasonable time, you may be entitled to a price reduction or, in serious cases, cancellation of the purchase.
If you cannot reach an agreement with the seller, it may be a good idea to contact a lawyer with experience in buying and selling homes . Many home insurance policies cover part of the legal fees in such cases.
Even if you have filed a complaint within the deadline, your claim may be time-barred. The limitation period is normally three years from the date of receipt, but may be extended if the defect is discovered later. To interrupt the limitation period, you must bring the matter before the courts or a relevant appeals body.
You must also make sure that your claim is not lost as a result of inaction.
Discovering errors after taking over is unfortunate, but by following these steps you can protect your rights and increase the chance of a satisfactory resolution. Contact one of our lawyers for assistance.
When a loved one passes away, survivors face both emotional challenges and practical tasks related to the settlement of the estate. It is important to have an overview of the process to ensure a fair and efficient distribution of the deceased's assets.
After a death, a death certificate is issued by the attending physician or hospital. This certificate is sent electronically to the Population Register, which registers the death. The relatives must then plan the funeral.
The heirs must decide how the estate will be divided, privately or publicly:
There are several important deadlines in an inheritance settlement:
The surviving spouse or cohabitant may have the right to sit on the undivided estate, which means that the inheritance settlement is postponed. To take advantage of this arrangement, notification of undivided estate must be sent to the district court within 60 days of the death.
Once the district court has received the necessary documentation and declarations, a probate certificate is issued. This gives the heirs the right to dispose of the deceased's assets and carry out the inheritance settlement.
The inheritance is distributed according to the Inheritance Act and any will. It is important to get an overview of the deceased's assets and debts, terminate ongoing obligations, and ensure a fair distribution among the heirs.
Inheritance settlements can be complex, especially if disagreements or ambiguities arise. In such cases, it may be wise to seek advice from a lawyer with experience in inheritance law to ensure a correct and fair process.
Navigating an inheritance settlement requires both legal knowledge and practical understanding. By being aware of applicable rules and deadlines, as well as seeking professional guidance when necessary, heirs can ensure a smooth and fair distribution of the deceased's assets.
An accident can turn your life upside down in seconds. When a personal injury occurs – whether on your way to work, in traffic, during medical treatment or in your free time – it can give you the right to financial compensation. But how does personal injury compensation actually work, and why should you consider contacting a specialist lawyer?
In this guide, you will get an overview of your rights, what types of damage give rise to compensation, how the amount is calculated – and not least why legal help can make a big difference.
Personal injury compensation is a financial compensation you may be entitled to if you have been physically or mentally injured as a result of an incident for which someone else is responsible. The compensation is intended to ensure that you are not left alone with the costs and losses that the injury entails – and should, in theory, put you in the same financial situation as before the incident.
There are several types of situations that can provide grounds for personal injury compensation. The most common are:
In order for you to receive personal injury compensation, four basic requirements must be met:
Calculating personal injury compensation is rarely simple. Compensation is often divided into the following categories:
Each case is assessed individually, and the amount you receive depends on the extent of the damage, how much you lose financially, and what consequences the damage has on your life.
The legal system can be challenging to understand, and many injured parties face large insurance companies alone. This is where a lawyer with experience in personal injury compensation can be of invaluable assistance. A specialized lawyer can:
Many people are offered lower compensation than they are actually entitled to. With legal assistance, the likelihood of a correct and fair settlement increases.
Applying for compensation can be demanding, especially in complex cases or if you have been denied and are considering appealing.
At Insa advokater you can get assistance from an experienced tort lawyer who knows the system and how to protect your rights. We help you with everything from assessing the case and collecting documentation, to submitting the application and handling complaints if necessary.
Understanding the statute of limitations for monetary claims is essential for both the creditor (claimant) and the debtor (debtor). Statute of limitations means that a claim lapses after a certain period of time, which means that the creditor loses the right to collect the monetary claim. This is regulated in the Statute of Limitations Act.
Statute of limitations means that the right to collect a debt disappears after a certain period of time. This is stipulated by law and exists to ensure that claims cannot be collected many years after they arose.
When a claim becomes statute-barred, it means that the person who owes money no longer has a legal obligation to pay, even if the debt was originally valid.
The general statute of limitations for monetary claims is 3 years . When the three-year statute of limitations applies, it means that if someone owes you money, you must claim it back within three years, otherwise you lose the right to get it back. As a general principle, the statute of limitations starts to run when the claim becomes due.
Example: If you lend money to a friend on January 1, 2025, and you have not agreed on a specific repayment date, your claim will become statute-barred on January 1, 2028.
Some types of claims have longer deadlines. For example:
In cases where one has not been aware of the requirement, an additional period of one year may be granted from the day one gained or should have gained such knowledge, cf. the Limitation Act, Section 10, No. 1. For contractual obligations, there is an absolute limit of 13 years from the due date, which includes the general period of three years plus a possible extension of ten years.
The limitation period can be interrupted in several ways. The most common method is to take legal action against the debtor, for example by filing a settlement complaint or summons. The period can also be interrupted if the debtor acknowledges the claim, either by paying part of the amount owed or otherwise acknowledging the debt.
For claims for damages outside of a contract, an absolute limitation period of 20 years applies from the date on which the damaging act or the basis for liability ceased, cf. the Limitation Act, Section 9, No. 2. This means that even if the creditor was not aware of the damage or the person responsible, the claim cannot be brought after 20 years. There are exceptions for personal injuries under certain circumstances, where no absolute limitation period applies.
If you want to make sure you don't lose your right to your money, you can interrupt the statute of limitations. This can be done in two ways:
If the limitation period is interrupted, a new period starts to run from that point.
Being aware of the statute of limitations is crucial for both creditors and debtors. For the creditor, it ensures that necessary steps are taken to collect claims before they become time-barred. For the debtor, it can mean avoiding paying claims that are no longer valid.
We understand that the rules surrounding statutes of limitations can be complex. If you are unsure about what applies to your situation, it may be a good idea to speak to a lawyer experienced in monetary claims law .
A lawyer who specializes in traffic cases offers legal assistance to people involved in traffic-related incidents, whether it concerns criminal cases such as drunk driving and speeding, or compensation cases following traffic accidents. This ensures that you receive good guidance and representation throughout the process.
In cases involving traffic violations, the consequences can be serious, including loss of driver's license, fines, or imprisonment. Lawyers specializing in traffic cases assist clients in cases involving, for example:
Here, it is common for a lawyer to provide advice on rights and potential consequences, assist in evaluating evidence and circumstances to ensure fair treatment, as well as represent the client in court.
If you have been involved in a traffic accident, complex issues related to compensation for personal injuries and financial losses may arise. Lawyers with experience in traffic cases can help with:
Traffic cases can be legally complex and a great burden for those involved. A specialized lawyer has in-depth knowledge of both traffic regulations and tort law and can provide you with the best possible support throughout the process.
By engaging a lawyer with experience in traffic cases, one can navigate through the legal challenges more effectively and ensure that one's rights are protected in the best possible way.
If you have questions or want to talk about a case, you can contact us at Insa lawyers - completely free of charge.
As a parent, navigating child welfare cases can be challenging. It is therefore important to be aware of your rights throughout the process. Here is an overview of key rights for parents when dealing with child welfare.
When child welfare services receive a report of concern, they consider whether there are grounds to initiate an investigation. Parents have the right to be informed about this process and to have their say. Child welfare services shall facilitate the participation of parents in the case.
As a party to a child welfare case, you generally have the right to access the case documents. This means that you can ask to read through the relevant papers in the case.
There are some exceptions, for example if access could hinder the investigation of the case or if the documents contain sensitive information about other people. If the child welfare service refuses you access, this must be justified in writing, and the decision can be appealed.
You have the right to be assisted by a lawyer at all stages of the case. In cases where child welfare services are considering compulsory measures, such as taking care of children, you are entitled to free legal aid regardless of income. This ensures that your rights are safeguarded in the best possible way.
After the child welfare service has completed its investigation, a decision is made that may involve closing the case or implementing measures. If you disagree with the decision, you have the right to appeal.
The complaint itself is sent to the child welfare service, which then reassesses the case. If the child welfare service maintains its decision, the complaint is forwarded to the state administrator for a final decision.
If a decision is made to take over care, you as a parent have the right to visitation with the child, unless otherwise decided. The Child Welfare and Health Board determines the extent of visitation based on what is considered to be in the best interests of the child.
The child also has rights in child welfare cases. Children who are capable of forming their own views have the right to participate in their own case. This means that the child has the right to receive information, to express their opinion and to be heard by the child welfare authorities. The child's opinions shall be given weight in accordance with their age and maturity.
Knowing your rights as a parent in child welfare cases is crucial to being able to protect both your own interests and your child's in the best possible way. If you feel unsure or have been treated unfairly, it may be a good idea to seek advice from an experienced child welfare lawyer .
Discovering defects or deficiencies in a newly purchased car can be frustrating, especially if the seller refuses to cancel the purchase. It is important to know what your rights are as a buyer and what steps you can take to resolve the situation.
When you buy a car, you as a private individual have rights under either the Consumer Purchase Act (when buying from a dealer) or the Purchase Act (when buying from a private individual). If you have bought a car from a private individual, the defect must be significant for you to be able to cancel the purchase. However, if you have bought from a car dealer, the law is more favorable to you as the buyer. This applies regardless of whether you have bought a new car or a used car from a dealer.
The car must be delivered in the agreed condition and have the equipment and features that the seller has stated in connection with the sale, whether the sale is through a dealer or a private individual. What you can expect depends, among other things, on the information in the sales advertisement, the purchase contract, the condition report and other information from the seller.
The seller has a special responsibility for the information provided about the car. If the seller provides incorrect information or fails to inform about important matters, this may be considered a defect.
If the car has a defect that was not disclosed at the time of purchase, you may be entitled to:
If the car has a defect, the seller should generally be given the opportunity to correct the defect. If this is not possible, replacement may be an alternative. In practice, this most often happens when purchasing newer cars. If correction or replacement is not an option, a price reduction may be appropriate. The reduction is calculated based on the value of the car with and without the defect.
In some cases, the defect is of such great importance that cancellation may be applicable. If you have bought a car from a private individual, more is required to be able to cancel the purchase, in which case the defect must be significant . If you have bought from a dealer, the defect is required to be not insignificant. In that case, the seller must prove that the defect is insignificant. It is therefore easier to cancel a car purchase as a consumer if you have bought from a dealer/business operator, than when buying from private individuals.
A complaint means that you inform the seller about the defect. This should be done in writing to have documentation. There are two deadlines to adhere to:
It is important to comply with both deadlines to maintain your rights.
A defective car can lead to significant costs, and attorney and litigation expenses can be very high. Since each car case is unique, it may be a good idea to contact an auto lawyer for a free evaluation of your case.
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.
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.
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.
The parents must agree on where the child will have their permanent residential address. The options are:
If the parents cannot agree on permanent residence, the matter can be decided by the court.
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.
If the parents are unable to reach an agreement, the court can determine the visitation. The child's opinion will also be heard here.
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:
NAV can help calculate and collect child support if the parents are unable to agree.
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.
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.
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.
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.
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.
Drunk driving is a serious traffic offense that can have major consequences, both legal and personal, and in the worst case, it can lead to personal injury. If you have been caught drunk driving, it is important to understand your rights and obligations, and how a lawyer can help you through the process. In this article, we will give you an overview of what happens after a drunk driving conviction and why it may be a good idea to contact a lawyer who specializes in such cases.
Drunk driving means that you are driving a motor vehicle with a blood alcohol content that exceeds the legal limit in Norway. The limit for drunk driving is 0.2 per mille. This means that even small amounts of alcohol can lead to an offence.
The limits also apply to drugs other than alcohol, and any possible influence can be assessed through a blood test or medical examination.
1. Stopped by the police
The police may stop you for a check if they suspect you are driving under the influence or are conducting routine checks. If you test positive for a breathalyzer test, you may be asked to take a blood sample to determine your exact blood alcohol level.
2. Confiscation of driving license
In most cases, the police will confiscate your driver's license on the spot if you have been caught driving under the influence of alcohol. The confiscation of your driver's license is temporary until a final decision is made in the case. The final length of the confiscation depends on the alcohol level and the severity of the situation.
You can always refuse to accept the seizure on the spot. The question of whether to seize will then be sent for legal consideration in court, and a judge will take a final position on whether the driver's license should be temporarily seized. A temporary seizure lasts until the case has been finally decided by the court in a substantive matter. As a starting point, we recommend that you refuse to accept the seizure if you are unsure of the situation, so that the question is tried in court. You can always change your mind and accept the seizure afterwards.
3. Charge and fine
You will receive a charge of drunk driving. This can result in fines, a suspension of your driver's license, and in some cases, imprisonment. The size of the fine and other consequences depend on the blood alcohol level, any damage you have caused, and whether you have previous convictions for similar violations.
4. Legal proceedings
For serious cases, the case may end up in court, where you can receive a sentence based on the circumstances surrounding the violation.
Being caught driving under the influence can have both short-term and long-term consequences:
A lawyer with experience in drunk driving can help you understand your rights and possibly get a reduced sentence. This may include:
The penalty for drunk driving varies with the blood alcohol level:
If the drunk driving has led to a traffic accident or injury to others, this will further increase the penalty.
Drunk driving is a serious offense that can have major consequences for both you and others. By contacting an experienced lawyer , you can get the help you need to handle the case in the best possible way. We at Insa lawyers have extensive experience with driver's license confiscation and drunk driving , and can assist you throughout the entire process, from the police investigation to a possible trial, and ensure that your rights are protected.
Remember that prevention is better than ending up in such a situation. Avoid getting behind the wheel if you have drunk alcohol, and take responsibility for your own safety and that of others on the road.
Collecting money as a private individual can be a demanding process, especially if the debtor fails to pay voluntarily. However, as a private individual, you have several options for collecting money claims in a legal and effective manner. This article provides you with a practical guide to how to proceed, from dialogue to enforcement, and what rights you have along the way.
A monetary claim arises when someone owes you money, either through an agreement, an unpaid invoice or as a result of a loan you have made. The monetary claim can be agreed upon verbally or in writing, but a written agreement makes it easier to prove the claim if disputes arise. Typical situations can be:
Regardless of the background, it is important that the monetary claim is documented. This can be through agreements, messages or receipts, for example.
The first thing you should do is contact the debtor to remind them of the claim. Often, a friendly reminder can be enough to resolve the situation. Here's how you can proceed:
If the debtor does not pay despite reminders, you can move on to the next step – collection through debt collection. Here you can choose to handle the process yourself or use a debt collection agency.
If debt collection is unsuccessful, you can, as a last resort, request enforcement via the bailiff. This means that the bailiff can seize the debtor's assets or income to cover the monetary claim. To start this process, you must have a so-called basis for enforcement , for example:
You can send the petition to the bailiff via the police in the debtor's municipality of residence.
The costs of collecting a monetary claim will vary depending on the complexity of the case. For example, the use of a collection agency and enforcement will incur fees. In many cases, these costs can be added to the claim, so that it is the debtor who must pay for these expenses.
To avoid future conflicts, it is a good idea to ensure good documentation when lending money or entering into agreements. Here are some tips:
Collecting money claims as a private individual can be a time-consuming process, but by following the right procedure you have a good chance of getting your money back. Always start with dialogue and negotiation, and proceed to debt collection or the bailiff if necessary.
Remember to document your claim thoroughly and act professionally throughout the process. If you need help, you may want to consult a lawyer or debt collection agency for guidance.
Important: It is always important to act quickly when a monetary claim arises, to ensure that it does not become time-barred.
Do you have more questions about how to recover a monetary claim ? Please contact one of our lawyers for individual guidance!
Discovering hidden defects and defects after purchasing a car can be frustrating and costly. Fortunately, Norwegian law gives you, the buyer, certain rights in such situations. Here is an overview of what you should know and how you can proceed:
Hidden defects and defects refer to problems with the car that were not visible or known at the time of purchase, and that affect the value or functionality of the car. This can include mechanical defects, electrical problems, or structural damage that was not discovered during a routine inspection.
Your rights depend on whether you bought the car from a private individual or a dealer:
Cancellation of the purchase means that the agreement is cancelled, and both parties return what they have received. This is applicable when:
Many used cars are sold with the condition “as is”. This limits the seller’s liability, but does not completely exempt them. You can still make a claim if:
If you cannot reach an agreement with the seller, it may be a good idea to contact a lawyer with experience in purchase law . Many insurance policies cover legal fees in such cases. Book a free, no-obligation meeting with one of our car lawyers.
Losing your driver's license can have major consequences for your daily life, whether it concerns your job, family obligations or other important activities. A driver's license suspension can be imposed as a result of various situations, such as drunk driving or speeding. If you find yourself in such a situation, it is important to know what your rights are, and it can be useful to know how an experienced lawyer can assist you.
A driver's license suspension means that the police temporarily take away your right to drive a car. The driver's license suspension is temporary until a final decision is made in the case. The final length of the suspension depends on the offense and the severity of the situation.
A driver's license seizure usually occurs if you have violated the Road Traffic Act or other rules that endanger traffic safety. The police can temporarily seize your driver's license on the spot if they believe there are sufficient grounds for doing so.
You can always refuse to accept the seizure on the spot. The question of whether to seize will then be sent for legal consideration in court, and a judge will take a final position on whether the driver's license should be temporarily seized. A temporary seizure lasts until the case has been finally decided by the court in a substantive matter. As a starting point, we recommend that you refuse to accept the seizure if you are unsure of the situation, so that the question is tried in court. You can always change your mind and accept the seizure afterwards.
Some of the most common reasons for driver's license suspension include:
1. On-site seizure:
The police can temporarily seize your driving license on the spot if they believe there is reasonable cause to suspect you of a criminal offense that could result in the loss of your driving license. You will receive a receipt as confirmation of the seizure.
2. Assessment of the prosecution:
The seizure is then sent to the prosecution, which considers whether the driver's license should be temporarily revoked or whether the case should be brought to court.
3. Refusal to accept the seizure/Right of appeal:
If you disagree with the seizure, you can
4. Duration of the seizure:
The final duration of the driving license suspension is largely determined by the severity of the offense. For example, a suspension due to speeding can last from a few months to over a year.
It is always a good idea to contact a lawyer as soon as your driver's license is seized, especially if:
An experienced lawyer can:
1. Do I have to accept that my driver's license will be confiscated by the police?
No, you do not have to accept a driver's license seizure on the spot. If you refuse, the case will be brought to court, and a judge will decide whether the conditions for seizure are met. We recommend that you refuse the seizure as a clear starting point, and contact a lawyer to consider the way forward.
2. Can I get my driver's license back while the case is being processed?
Yes, in some cases your lawyer can apply for a temporary driver's license, for example if you are dependent on it to perform your job.
3. What happens if I drive without a license after a seizure?
Driving without a valid driver's license is a serious offense that can lead to more severe penalties, including longer driving bans and fines.
4. How does the court assess a complaint?
The district court considers whether there are sufficient grounds for the seizure. The court takes into account, among other things, the seriousness of the offense and whether there is a risk of repetition.
Losing your driver's license can have major consequences, including:
At Insa advokater, we have extensive experience assisting clients in cases involving driver's license confiscation. We understand how important your driver's license is to your everyday life and work to ensure that your rights are protected. Our experience includes:
We provide you with clear advice and represent you throughout the entire process, whether the case is resolved out of court or goes to court.
Driving license confiscation can be a stressful experience, but you are not alone. By contacting a lawyer who is an expert in driving license cases , you can get help to appeal the confiscation or reduce its duration. Insa lawyers have the experience and expertise needed to ensure a fair handling of your case.
If your driver's license has been confiscated, contact us today for a no-obligation assessment of your case. Your safety on the road starts with us.
Growing up in harmful conditions can have long-term consequences. In Norway, there are opportunities to seek compensation for lost childhood if public authorities have failed in their responsibilities. Here is an overview of what this entails and how you can proceed:
Compensation for lost childhood is provided to people who have experienced neglect, abuse or other serious circumstances during their childhood, where public authorities, such as child welfare services or schools, have failed to intervene or have acted negligently. This may include a lack of protection against violence, abuse or serious neglect.
To be entitled to compensation, the following conditions must be met:
In addition to ordinary compensation claims, there are special schemes, such as redress. This is a state compensation scheme for those who have experienced serious abuse or neglect, and where other compensation schemes are not adequate. To apply for redress, you must document the incidents and show that other compensation options have been exhausted.
Seeking compensation for lost childhood can be a demanding process, both legally and emotionally. With the right guidance and support, you can get the compensation you are entitled to. Contact Insa lawyers .
Suing child welfare is a serious and complex process that requires thorough preparation and an understanding of both legal rights and obligations. Here is a guide for individuals in Norway who are considering suing child welfare:
The primary task of child welfare services is to ensure that children and young people living in conditions that may harm their health and development receive the necessary help and care at the right time. They must also contribute to safe growing up conditions for all children and young people.
Before considering suing child welfare, it is important to identify specific errors or shortcomings in their case management or decisions. This may include violations of case management rules, failure to follow up, or incorrect decisions. Document all relevant events and gather evidence to support your claims.
Before you file a lawsuit, you should make use of the available complaint options:
Suing child welfare involves complex legal processes. It is therefore crucial to engage a lawyer with experience in child welfare cases. A lawyer can help you assess the strengths and weaknesses of your case, guide you through the process, and present your case effectively.
In collaboration with your lawyer, you should:
Once the lawsuit is filed, the case will be heard in the district court. Be prepared that the process can be time-consuming and emotionally taxing. It is important to have realistic expectations and be aware that the outcome may vary.
In some cases, mediation or negotiations with child welfare authorities can lead to a solution outside the court system. This can be less burdensome and lead to faster results.
Suing child welfare is a significant decision that requires careful consideration. By following these steps and seeking professional assistance, you can navigate the process in a way that serves both your interests and your child's.
If you need assistance in your child welfare case from one of our child welfare lawyers, you can contact us or book a meeting here.
Dealing with an employee who contributes to a poor work environment can be challenging, but it is essential to maintaining well-being and productivity in the workplace. Here are some steps you, as an employer or manager, can take to address such situations effectively:
First, you need to clearly identify what is creating the poor work environment. This may involve observing the workplace, conducting performance appraisals, or using anonymous surveys to gain insight into employee experiences. Be aware of signs such as high turnover, increased sick leave, or reduced productivity, as these may indicate problems in the work environment.
Keep a detailed record of specific incidents where the employee in question has contributed negatively to the work environment. This includes dates, times, people involved, and a description of the incident. Such documentation is important both for understanding the scope of the problem and for any future actions.
Invite the employee to a private and confidential conversation. Present the observed problems in an objective manner, providing specific examples. Listen to the employee’s perspective and try to understand the underlying reasons for the behavior. This may reveal misunderstandings or personal challenges that are influencing the behavior.
After the conversation, you should clearly communicate what changes are expected in the employee's behavior. Define specific goals and a timeframe for improvement. Offer necessary support, such as training or coaching, to help the employee achieve these goals.
Schedule regular follow-up meetings to assess the employee's progress. Provide constructive feedback and acknowledge positive changes. If there is insufficient improvement, consider further action in accordance with company policies and the Occupational Health and Safety Act.
If the situation does not improve, or if it is particularly complex, it may be necessary to involve HR or seek legal advice. This ensures that all measures are in line with applicable laws and regulations, and that the rights of both the employer and the employee are protected.
Prevention is often the best solution. Encourage open communication, collaboration, and respect in the workplace. Conduct regular workplace health surveys and create a culture where employees feel safe to raise concerns. This can help identify and address issues before they escalate.
Dealing with employees who create a poor work environment requires patience, empathy and determination. By following these steps, you can help restore a healthy and productive workplace for everyone. If you have any questions or would like advice on employment law topics , you can contact Insa for free here.
A car accident can have significant consequences for both health and finances. It is therefore important to be aware of what rights you have when it comes to compensation after such an incident.
Your rights after a car accident
In Norway, all owners of motor vehicles are required to have liability insurance in accordance with the Motor Vehicle Liability Act. This insurance covers damage caused by the vehicle, regardless of fault. This means that if you are injured in a traffic accident, you are generally entitled to compensation for both personal injuries and financial losses as a result of the accident.
What can you get compensation for?
The compensation must cover the losses you have suffered as a result of the accident. This may include:
How do you go about claiming compensation?
Important deadlines
It is important to be aware of limitation periods. In general, compensation claims must be submitted within three years from when you became aware of the damage. Failure to meet these deadlines may result in you losing your right to compensation.
Coverage of legal expenses
In many cases, the insurance company will cover reasonable and necessary legal expenses in connection with the compensation case. It is therefore wise to investigate this with the insurance company and possibly engage a lawyer who can assist you through the process.
Being well informed and acting quickly after a car accident is essential to securing your rights. By following this advice, you are better equipped to handle the situation and get the compensation you are entitled to.
If you have any questions in connection with your case, you can book a meeting with us at Insa lawyers , completely free of charge.
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.
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.
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.
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.
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.
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.
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.
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.
Practical advice - prepare well
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.
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.
An occupational injury can have significant consequences for both health and finances. It is therefore important to understand what rights and possibilities you have for compensation if you are exposed to such damage.
What is an occupational injury?
An occupational injury is a personal injury, illness or death that occurs as a result of an accident at work or harmful effects as a result of the working environment. For an injury to be classified as an occupational injury, it must have occurred during work at the workplace during working hours. Typical examples include falls, crushing injuries, and exposure to harmful substances that lead to illness.
What is occupational injury compensation?
Occupational injury compensation is compensation you may be entitled to if you have suffered an occupational injury. The purpose of the compensation is to cover financial losses and any non-financial consequences as a result of the damage. This may include coverage of treatment expenses, lost income, and compensation for permanent medical disability.
Employer's duties
In Norway, all employers are required by law to take out occupational injury insurance for their employees. This insurance should ensure that employees receive the compensation they are entitled to if they are exposed to an occupational injury. It is important to note that the self-employed and freelancers are not automatically covered by this scheme, but they have the option of taking out voluntary occupational injury insurance, which is recommended.
What should you do in the event of an occupational injury?
Compensation items in case of occupational injury
In the event of an approved occupational injury, you may be entitled to several types of compensation:
Limitation periods
It is important to be aware that there are deadlines for reporting claims for occupational injury compensation. In general, the damage must be reported to NAV within one year after the damage occurred. For claims against the insurance company, a limitation period of three years applies from the time you became aware of, or should have become aware of, the circumstances that justify the claim.
Coverage of legal expenses
In many cases, reasonable and necessary legal expenses will be covered by the insurance company as part of the compensation settlement. It may therefore be a good idea to seek legal assistance to ensure that you receive the compensation you are entitled to.
Being exposed to an occupational injury can be a stressful experience. It is therefore important to know your rights and what steps you should take to ensure that you receive the compensation you are entitled to. By following the advice above and seeking the necessary help, you are better equipped to handle the situation and look after your interests.
Insa lawyers help clients all over the country. We can assist with complaints about refusals from NAV or insurance companies, provide advice on compensation claims and proceedings, as well as represent you in court.
When the child protection service considers taking over the care of a child, it is based on strict criteria laid down in the Child Protection Act. The purpose is to ensure the best interests of the child and protect it from serious neglect.
Proceedings in the event of a report of concern
The process often starts with a report of concern from a person who is worried about the child's situation. The Child Protection Service is then obliged to review the report within a week to assess whether there are grounds for further investigation. If there is reasonable reason to assume that the child is living in conditions that could harm their health or development, an investigation is initiated. The threshold for initiating an investigation is low.
The investigation phase
In the investigation phase, the child welfare agency collects information about the child's care situation. This may involve conversations with the child, the parents and other relevant people, as well as home visits. The examination must be thorough, but at the same time gentle, and must normally be completed within three months.
Possible outcomes of the survey
After the investigation, the child protection agency can conclude that:
Conditions for taking over care
In order for the child welfare services to be able to take over the care of a child without the parents' consent, there are strict conditions that must be met:
Before taking over care can be decided, it must be assessed whether it is possible to achieve a satisfactory care situation through voluntary assistance measures. Care takeover must only be used when less invasive measures are not sufficient.
The decision-making process
It is the child welfare and health board that makes decisions about taking over care. Parents have the right to legal assistance during the process, and children over the age of 15 have party rights and thus also the right to legal assistance. The tribunal assesses whether the conditions for taking over care have been met. What is decisive for any assessment made in child welfare cases is what is in the best interest of the child in the specific situation.
Emergency decision
In situations where there is a risk that the child will suffer significant damage if measures are not taken immediately, the child protection service can make a temporary emergency decision to take over care. This decision can be appealed. The parents and children who have reached the age of 15 have the right to legal assistance in the appeal process.
After taking over care
When care has been taken over, the child is usually placed in a foster home or in an institution. The parents retain parental responsibility, but the childcare service has day-to-day care. Emphasis is placed on maintaining contact between the child and the parents through visitation, unless this is considered harmful to the child.
Return of care
The parents can later apply for the return of care. For this to happen, it must be overwhelmingly likely that the parents can provide the child with proper care. Child welfare services have a duty to regularly assess return and assist the parents in achieving the necessary changes. Twelve months must elapse from the time the taking over of care takes place, until an assessment of the question of restitution can be demanded for the first time.
Taking over care is a serious and invasive measure that is only used when the child's health or development is in serious danger, and less invasive measures are not sufficient. Child protection must always act in the child's best interests and in accordance with the law's strict conditions.
If the child protection service is considering taking over the care of your child, or has already done so, it may be a good idea to contact a child protection lawyer who can represent you as parents or the child if he has reached the age of 15. The lawyer can contribute with his experience and knowledge of how the case should be handled in the best possible way, while at the same time ensuring your rights. A lawyer can also act as a supporter in a challenging time and as an adviser who helps the child welfare services to get a balanced and correct impression of the family situation.
Insa lawyers regularly assist both parents and children aged 14-15 in connection with their child protection case. Get in touch if you need a lawyer.
The duty of loyalty is a fundamental part of any employment relationship and implies that the employee must act loyally towards the employer. This applies both as an employee and to a certain extent after the employment relationship has ended. Here we explain what the duty of loyalty entails, how it can be broken, and what consequences it can have.
What does the duty of loyalty entail?
The duty of loyalty means that the employee must put the employer's interests first in his professional life. This includes acting in a way that does not harm the employer's reputation or finances. Although the duty of loyalty is not explicitly laid down in the Working Environment Act, it is legally recognized as part of employment law . In many cases, it is also specified in the employment contract.
Examples of loyal behavior:
Common breaches of the duty of loyalty
Disloyal behavior can vary from minor violations to serious violations. Examples include:
It is important to note that the employee's right to freedom of expression applies, but this can be restricted if statements clearly harm the employer's interests.
Consequences of breach
The consequences of a breach of the duty of loyalty depend on the severity:
How to avoid conflicts?
To avoid misunderstandings about the duty of loyalty, both employer and employee should be clear about expectations:
Duty of loyalty after termination of employment
Even after the termination of the employment relationship, the employee has certain obligations. This may include confidentiality and restrictions related to competition or customer clauses, if this is specified in the employment agreement.
The duty of loyalty is an important part of a good working relationship and contributes to a healthy balance between the employee's rights and the employer's interests.
If you have questions about the duty of loyalty or other employment law topics, you can contact Insa lawyers for free here .
The purpose of warnings
A warning in employment is a tool employers use to correct unwanted behavior or breach of the employment contract. Although the Working Environment Act does not specifically regulate warnings, there are established practices and principles that govern their use.
The main purpose of a warning is to inform the employee that a certain behavior or action is unacceptable and that a change is expected. The warning also serves as documentation for the employer, which can be decisive for any subsequent measures such as dismissal.
When can a warning be given?
Warnings are typically used in situations where the employee, for example:
It is important that warnings are not given for trivial matters that can be resolved through guidance or training.
Written or verbal warning?
Warnings can be both oral and written. A written warning provides clear documentation and is often preferable, especially in serious cases. A verbal warning should therefore be followed up with a written confirmation, for example via e-mail, to ensure documentation.
Content of a written warning
A written warning should include:
It is also recommended that the employee signs the warning to confirm receipt.
Number of warnings before termination
There is no fixed rule for how many warnings must be given before a dismissal can be considered. In serious cases, termination may take place without prior warning. In general, however, earlier warnings will strengthen the employer's case in the event of a possible dismissal.
Employee rights
An employee has the right to contest a warning if it is perceived as unreasonable. This should be done in writing, and the employee can seek assistance from shop stewards or legal advisers.
Follow-up after warning
After a warning has been given, the employer should follow up with the employee to ensure that necessary improvements are made. Lack of follow-up can weaken the importance of the warning in later assessments.
For both employers and employees, it is important to understand the importance of warnings in the employment relationship. Correct use and handling of warnings contributes to an orderly and predictable working environment.
Are you in a difficult situation at work? Feel free to book a free meeting with our employment law lawyers - and we will find a solution together!
Ukrainians can be granted temporary collective protection in Norway. This means that Ukrainians who come to Norway and apply for protection can be granted a temporary residence permit in Norway if certain conditions are met. You can read more about temporary collective protection for people who have fled Ukraine here. The scheme with collective protection gives a refugee from Ukraine the right to work in Norway.
This article is particularly adapted to you as an employer who wants to offer a job to a refugee from Ukraine.
When a refugee from Ukraine can start working
Ukrainian refugees who come to Norway can ask for skills and competence that Norwegian employers are looking for. However, a prerequisite for being employed is that the foreigner has received approval that collective protection has been granted by the Norwegian immigration authorities.
The introductory program
Ukrainians who have been granted collective protection have the right to participate in a municipal introduction programme. The introductory program includes, among other things, training in Norwegian. It may be good for the employer to note that paid work can be included as part of the induction programme.
Our assistance
If you are an employer and want to offer a job to a refugee from Ukraine, we can assist you through the application process for temporary collective protection , as well as help you with work permits . Our aim is to make the employment process easier for you, while you follow the necessary guidelines.
Ukrainians can be granted temporary collective protection in Norway. This means that Ukrainians who come to Norway and apply for protection (asylum) can be granted a temporary residence permit on the basis of Section 34 of the Immigration Act.
Collective protection makes it possible for a Ukrainian citizen to obtain a residence permit in Norway for one year. The Ministry of Justice and Emergency Preparedness in Norway has also made a change to the immigration regulations which means that displaced people from Ukraine with temporary collective protection will have their permits extended by one year from the expiry of the initial permit.
An application for collective protection under section 34 of the Immigration Act does not give the right to refugee status. This involves, among other things, that most of the procedural rules for ordinary asylum cases do not apply. Anyone who has been granted collective protection can, however, apply for individual treatment to obtain refugee status (apply for asylum). But as long as the scheme with collective protection persists, the immigration authorities (UDI) will put such an application on hold for up to three years.
When the scheme with temporary collective protection ceases, or the scheme has lasted for three years, the UDI must process the foreign national's asylum application, if the foreign national still wishes to do so within a set deadline. If the need for collective protection is present after three years, the immigration authorities can issue a new permit which forms the basis for permanent residence in Norway.
NOTE: Changed situation from and including 28 September 2024 : if you come from areas that the Norwegian authorities define as safe, you will no longer receive collective protection, and must then search for the regulations for individual protection.
The changes do not apply if you have already applied before 28 September 2024, or already have a permit.
The areas the Norwegian authorities consider safe as of 28 September 2024 are:
You will find updated information on UDI's website.
Our assistance
If you have questions related to your case, you can book a free meeting with us and we will clarify how we can help you. We can help you navigate the Norwegian asylum system .
Have you been dismissed by your employer? If the dismissal is unfair, you are entitled to compensation. An employee cannot be dismissed unless it is objectively justified by the circumstances of the company, the employer or the employee.
The requirement for objectivity means that the dismissal must not be based on extraneous or improper considerations. In addition, the circumstances invoked as grounds for dismissal must be sufficiently weighty to justify dismissal. The factual basis for the dismissal must also be correct. The employer has the burden of proof in dismissal cases, which means that the employer must prove that the dismissal is objective.
Do you suspect that your employer has no objective basis for the dismissal and want to claim compensation? We at Insa advokater can help you with this process.
The legal system is such that you as an employee can claim compensation if the dismissal is unfair. The compensation is set at the amount that the court finds reasonable, taking into account the financial loss, the employer's and employee's circumstances and the circumstances in general.
Normally, you will be entitled to compensation for the financial loss you suffer until the judgment is delivered. In the assessment of compensation, it may also be considered whether you have a future financial loss as a result of the uncertainty of finding new work. You may also be entitled to compensation for non-economic loss if the employer has not followed the procedural rules in the law, for example if you were not invited to a discussion meeting before you were dismissed. Remember that you are also entitled to written notice of termination.
ATTENTION: According to the Working Environment Act, there are different time limits for legal action, depending on what you as an employee are claiming. For compensation due to unfair dismissal, the deadline for legal action is six months from the date of dismissal.
Are you unsure about your rights after being dismissed? Do you want compensation without taking the case to the courts? We have skilled lawyers in employment law who can help you in negotiations with your employer. Contact us for an informal conversation .
In this article, we will highlight one of the products in Islamic finance, Musharaka. In a previous article, we have explained the basic principles of Islamic finance. The article can be read here.
Musharaka is one of the most important products used as an alternative to interest-based financing in Islamic finance. The word musharaka comes from the Arabic word shirkah which means to share or to be a partner. According to Islamic law, the parties in musharaka must share both profits and any losses arising from the investment, which may be a house, a commercial building or a company.
Musharaka is an investment partnership that consists of a partnership between two or more investors. The terms for sharing profits and losses are clarified in advance between the parties. The Musharaka partnership can be compared to investors who will be allocated a profit if the investment makes a profit, and correspondingly will lose if the investment does not produce the desired result.
The following presentation will focus on the relationship between a lender, such as a financial institution, and a borrower, referred to as the "client". The terms "the parties" and "the investors" will be used to refer to both the lender and the borrower.
The following conditions must exist for a musharaka collaboration to be established:
Example of financing based on musharaka
Financing when starting a business
The financial institution and the client enter into an agreement on the financing of the enterprise for which the client needs capital. It is agreed how large a share of the profit each of the parties will be entitled to.
Where the financial institution is only to contribute as a capital contributor, and not to provide the company with input beyond the capital, Sharia law does not allow the financial institution to demand a higher share of the profit than its share of the contributed capital would indicate. If the financial institution contributes 50% of the paid-in capital, the institution cannot take more than 50% of any profit from the company.
Financial institutions will normally only take economic rights and not get involved in the company's organizational matters.
If the company makes a loss, the loss will be distributed pro rata between the parties, according to each party's share of the paid-in capital. If the financial institution has contributed 70% of the capital, 70% of the loss must therefore be borne by the financial institution itself, while the remaining 30% must be borne by the other investor (borrower).
Islamic finance is part of a larger financial sector known internationally as "Islamic finance". This financial sector mainly offers financial products within the banking, finance and insurance industries, and the products offered within these industries strive to be in line with Islamic principles.
The distinctive feature of Islamic finance is that its main purpose is to comply with the Islamic prohibition against paying and charging interest in financial transactions, and that the other elements of any transaction comply with Islamic rules, better known as "Sharia".
Particularly in connection with the financial crisis in 2008-2009, there has been an increase in awareness of the Islamic financial sector, and Islamic finance is on the rise in the major financial centers around the world, including Indonesia, Malaysia, Singapore, the Middle East, the UK, France and the USA. Islamic financial institutions are also likely to establish themselves in Norway. Housing finance is the field where the need for Islamic finance is likely to be most prominent once it is offered on a commercial basis in Norway.
Insa advokater has several articles on Islamic finance. This article deals with the basic principles of Islamic finance.
Islamic law is often referred to collectively as sharia. The word sharia comes from the Arabic word for "way". The idea is that sharia sets out the path that people should follow. This is reflected in the fact that sharia regulates every aspect of life: faith, worship, behavior, hygiene, family life, inheritance, criminal law, trade, economics, etc.
Islamic finance is based on principles expressed in the Islamic legal sources, the Koran and the hadiths. The Koran is considered by Muslims to be God's direct speech to mankind, and is the primary source of Islamic law. This is followed by the Sunnah of the Prophet Muhammad (pbuh). By sunnah is meant what the Prophet did, said or omitted. Writings of the sunnah are called hadith. The following is an overview of the basic principles of Islamic finance.
When lending money, sharia prescribes that one must make up one's mind whether the money is lent to help the borrower or whether it is done to share in the other person's profits. If a loan is made to help the borrower, the Shariah does not allow one to claim back more than the amount lent. This is related to the prohibition on interest, which is discussed below. If the loan is granted to share in the borrower's profit, the lender must also share in any loss.
Riba means interest. It is forbidden to pay or receive interest in Islam. The prohibition on interest applies to both the payment and receipt of interest, as well as any other obligation that has an element of interest in it. The prohibition of interest is one of the clearest prohibitions in Sharia, and is enshrined in several verses of the Quran. Riba includes any consideration given in return for the right to dispose of capital, and not only monetary benefits, but also benefits in kind. The Shariah imposes a total prohibition on agreeing such remuneration. Even if there is a delay on the part of the debtor, the creditor's monetary claim cannot be increased on the basis of default interest considerations.
Islam does not consider money to be a commodity or service that one can be paid to lend. It is only considered to be a means of exchanging goods and services. Therefore, one cannot charge for the sale of money. One krone cannot be exchanged or sold for an amount of money other than one krone. However, it is permitted to exchange money in other currencies based on fluctuating exchange rates. The economic consequence of the interest rate ban is that it operates according to a nominalist principle.
Maysir means gambling or gambling. The prohibition of gambling, like the prohibition of interest, is enshrined in several verses of the Koran. Gambling and gambling means any wagering of money based on an uncertain outcome, with the possibility of losing the amount wagered and with the intention of being rewarded more than the amount originally wagered.
Gharar means uncertainty and establishes a prohibition against agreeing on uncertain elements in contractual relationships. The word gharar is not mentioned in the Quran, but there are several hadiths that deal with gharar and support a prohibition on agreements where gharar is included in the agreement. For example, in one hadith the Prophet Mohammad (pbuh) forbade the sale of grapes until they were dark (ripe) and the sale of grain until they were ready for harvest, and in another he forbade the purchase of fish from the sea.
From these and other hadiths, Muslim scholars have deduced that gharar, uncertainty in contractual relationships, can as a starting point be defined as contracts where there is uncertainty with regard to the subject matter of the contract, delivery time, the existence of the performance, ignorance of the characteristics of the performance, the quantity of the performance or that the performance has not yet come within the party's sphere of control. Sharia requires that there must be certainty about the key elements of the transaction at the time the contract is entered into.
Sharia also does not permit agreements on sale where the performance of the debtor and creditor is to be exchanged in the future, even if the time of delivery, the characteristics of the goods sold, the quantity, the price and the subject matter of the sale are clear. Whether the asset sold will still exist at the agreed time of delivery is beyond the control of the parties, and Sharia considers this to be an uncertainty.
Sales where payment is made in advance, but delivery is not made until later, are nevertheless permitted for manufacturing purchases. The product salam under Islamic financing follows this exception in that borrowers engaged in manufacturing activities can increase their liquidity by receiving advance payment for goods. The repayment to the financial institutions consists of the borrower delivering finished products to the lender, who then sells the products on the market.
Gharar is also included as an element in the above-mentioned example of conventional insurance. The future event that may trigger liability for the insurer is uncertain and is thus considered to be gharar.
Sharia prohibits making two or more transactions conditional on each other. The reason for this is that conditional transactions create doubt and disruption (gharar) in contractual relationships. For example, it is not permitted for a lessor of an asset to enter into a lease agreement on the condition that the lessee will purchase the asset at the end of the lease term. The idea is that each transaction must stand on its own, independent of other transactions.
The prohibition of unjust enrichment and exploitation, the prohibition of interest and the nominalist principle in Sharia law mean that interest cannot be charged on late payments in the event of default. Claims for compensation for late payment are considered unjust enrichment at the expense of the defaulting party. The reason for this is both the prohibition of interest and the fact that it follows from Quran 2:280 that the debtor should be granted a postponement if he is in a difficult situation. However, Sharia allows a default in payment to be met with a claim for damages if the default is due to the debtor's fault. In order to put pressure on the debtor to pay, the solution in Islamic financing is that when the loan agreement is entered into, it is also agreed that a fee will be paid to the creditor in the event of default on the loan agreement, which the creditor will donate to charity. The fee can be set as a percentage of the amount owed for each day of default or as a predetermined sum.
Sharia does not allow investments in companies that are involved in actions that are illegal or unethical according to Sharia. It is not permitted under Islamic finance to invest in, for example, alcohol, pork, pornography, gambling, nightclubs, conventional banks and financial institutions (which base their operations on interest income), weapons, tobacco, etc.
Under Islamic financing, risk distribution is one of the basic prerequisites for being able to offer financing in line with Islam. Common to the products offered under Islamic financing is that the financial institutions bear part of the risk for a limited or unlimited period of time for the purpose for which financing is sought. The entire risk cannot be unconditionally passed on to the client. This would be contrary to the purpose of Islamic financing. In commercial Islamic housing finance, the financing company assumes the risk of the existence of the building, but it is also possible to allocate the risk of fluctuations in value.
The effect of contracting a term that is not permitted according to the Sharia criteria is that the term is considered null and void. In some cases, the effect of agreeing unlawful terms may be that the entire contract lapses, in other cases it is only the term that is considered a nullity.
However, the validity of a transaction under Islamic norms will be judged autonomously regardless of the legal status of the transaction under national law. For example, even if it is permitted under Norwegian law to agree on several interdependent transactions in one contract, this will not be permitted under Sharia law. A Sharia panel presented with this issue will therefore reject such a transaction.
If a Norwegian Islamic financial institution's sharia panel were to reject a transaction and declare it to be contrary to sharia, this would not in principle prevent a Norwegian court from ruling that the transaction is valid under Norwegian law. In addition to a request not to act contrary to Sharia, the solution in Sharia in such cases is that the party who has acted against the norms of Sharia must ask for forgiveness from God for their sin.
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 your children been placed in emergency care by child protection services?
Pursuant to Section 4-2 of the Child Welfare Act, the child welfare service may make an emergency decision and place the children in an emergency placement outside the home. The condition is that there must be an acute risk that the children will suffer significant harm if the decision is not implemented immediately. The wording of the provision sets a high threshold, and emergency decisions can only be made in the most serious cases. For example, suspicion of violence against the children or substance-abusing parents may lead to emergency placement. We have also found that the CPS makes emergency placements if the parents have mental and/or physical health problems.
After the CPS has issued an emergency decision, the decision must be approved by the Child Welfare and Health Board (formerly called the "County Board for Child Welfare and Social Affairs"). However, the CPS implements the emergency decision immediately and by force. Often, parents are not informed of the emergency decision until after the children have been placed in an emergency placement. The parents are therefore not given the opportunity to comment on the case until after the children have been moved.
After the Child Protection and Health Board (the Board) has approved the emergency decision, the decision can be appealed to the Board. The Board will hold a small hearing administered by a chairperson of the Board. During the hearing, the parents and the CPS will have the opportunity to present their side of the case and to provide any necessary evidence. The Board must hear the appeal and make a decision within one week of the appeal being lodged.
An emergency decision is valid only as long as the situation is acute. Furthermore, the CPS cannot maintain an emergency decision if less intrusive measures can alleviate the acute situation. For example, if the CPS has concerns about substance abuse, regular drug testing may remove or reduce the concern to an acceptable level. In this case, emergency placement will no longer be proportionate or necessary, and the emergency decision must then be revoked.
If the Board finds in favor of the parents, the child welfare authorities must return the children immediately. If the parents are unsuccessful, the Board's decision can be appealed to the District Court.
You are entitled to free legal aid without means testing when the child welfare authorities make emergency decisions and place your children in emergency care. All legal assistance is free of charge and it is therefore important to contact a lawyer immediately. The lawyer will be able to give advice, contact the CPS to establish a dialog, obtain the case documents, as well as appeal the emergency decision and assist the parents through the entire appeal process.
An emergency placement of children is very invasive, dramatic and traumatizing for both parents and children. It is therefore natural for strong emotions to be stirred up, but our recommendation is to try to remain calm as far as possible. Be very careful what you say to the CPS in this first period after an emergency placement, as the CPS will document everything you say and do. Often there are unfortunate misunderstandings that follow the further course of the case. Therefore, hire a lawyer as soon as possible and leave the communication to them.
Our lawyers at Insa advokater have extensive experience in child protection cases and can assist you in your case. Get in touch with us here.
You have the right to be assisted by a legal aid lawyer if you have been the victim of a criminal offense.
The task of a legal aid lawyer is to safeguard the interests of the victim and the bereaved in connection with the investigation and trial. In addition, the legal aid lawyer must provide other help and support that is natural and reasonable in connection with the case.
You can contact a legal aid lawyer yourself when you have been the victim of a criminal offense. The legal aid lawyer will give you advice and guidance on how to proceed in your case and what you need to prepare for. The lawyer will assess whether you are entitled to have a court-appointed counsel and may apply to the court for appointment. The offense must be reported in order to apply to the court for appointment. Read more about when you are entitled to have a court-appointed counsel here.
You can get help to report the incident to the police and your lawyer can accompany you during questioning and liaise with the police during the investigation.
If you report the offense yourself, the police have a duty - already at the first contact with you as the victim - to inform you of the possibility of having a lawyer appointed. You can then get help from the police to find a suitable lawyer, or you can find one yourself.
During the investigation, your legal aid lawyer will keep you updated on what is happening in your case and may ask the police to take investigative steps that you want to be taken.
If the matter is reported and your case is dropped, your lawyer can help you appeal against the dropping of the case.
If the case is brought to court, the legal aid lawyer can represent you and give you advice and guidance during the legal proceedings. The legal aid lawyer can make a claim for compensation on your behalf in the court proceedings. In addition, the lawyer can help you apply for compensation from the state.
If you have been the victim of a criminal offense, it can be reassuring to be assisted by a legal aid lawyer. The lawyer can accompany you through the entire process, from the report to the trial, in a reassuring and responsible manner. They can also be a safe person for you as a victim or survivor - someone who ensures that your rights are safeguarded, someone who knows your case and is available to you, and someone who can guide you to various support services if you need it.
We at Insa advokater can help you assess your case and assist you as a legal aid lawyer. Contact us for an informal discussion here!
Have you bought a car with defects and want to make a claim against the seller?
The threshold for contacting a lawyer should not be high. If you are concerned about costs, your car insurance policy is likely to cover legal expenses up to €100 000. The policyholder will have to pay a deductible of between €2,000-5,000, plus 20% of any expenses incurred over and above the deductible, but the insurance company will bear the brunt of the cost.
Example: if your total legal costs are € 60 000 and your own contribution is € 2 000, in addition to the € 2 000, you will have to pay 20% of € 58 000. In this example, you would have to pay a total of €13,600 in excess. In other words, your car insurance policy potentially covers a large part of your legal expenses.
It is the insurance contract that regulates the conditions that must be met in order to obtain legal aid cover under the motor insurance policy. As a general rule, legal aid is granted from the moment a dispute arises. A dispute arises if you make a claim and the other party refuses. A lack of response from the other party (inaction) can also lead to a dispute under insurance law.
Note the insurance contract must have been concluded before the dispute arises. If the insurance was taken out after the dispute arose, the insurance is likely to refuse legal aid coverage.
As a general rule, the insurance does not cover expenses greater than your financial interest in the case. For example, if you want to cancel a car purchase and the car is worth NOK 300,000, the insurance may cover up to NOK 100,000 in legal expenses.
We can help you with your questions about legal aid coverage.
If you have any questions about the content of this article or would like assistance in a dispute with a car seller, you can contact us without obligation here.
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.
By questioning people who have information about the reported incident, the police will gather relevant information about what happened.
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.
Everyone who is summoned for questioning is obliged to appear before the police, but no one is obliged to explain themselves to the police.
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.
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.
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.
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.
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.
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.
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.
Conversation process is a form of treatment in child protection cases, offered by the county social welfare board (the Board) as an alternative to a negotiation meeting. The aim is to bring about a constructive discussion between the parties to the case and reach an agreement without a negotiation meeting, which is more time- and resource-intensive and can be perceived as more stressful. All parties must consent to the interview process in order for it to take place. This form of treatment is therefore only relevant in cases where the parties agree that it may be appropriate in the case.
The Tribunal invites the parties to a meeting which takes place in a much less formal setting than a regular hearing. The meeting is attended by the parties, with their respective lawyers, and two members of the Tribunal: a chairperson and an expert. The role of the chairperson and the expert is to help the parties reach a solution. The chairperson should act objectively and neutrally during the discussion meeting.
The child is entitled to be present at the interview. The child has the right to be accompanied by a person of trust and the right to be heard. Alternatively, the child's opinion can be heard through a spokesperson or by the child speaking directly to the Board.
The private party must be represented by a lawyer during the interview process. The private parties are entitled to free legal aid and can choose their own lawyer.
Through the interview process, the parties can explore the possibility of finding voluntary solutions in the best interests of the child. For example, they may agree to try different support measures for a period of time or other temporary solutions in the best interests of the child. It is possible to have several meetings in a case to try different solutions. If no agreement can be reached through the interview process, the Board will schedule a negotiation meeting.
The discussion process can help to improve communication between the parties and, in the best case scenario, can help to find flexible and appropriate solutions in the best interests of the child.
Talk to one of our experienced lawyers to see if the interlocutory process could be relevant to your case - contact us for a no-obligation chat here.
Inheritance settlementafter death in Norway, where the deceased has assets in Pakistan: This article explains the process of transferring assets to you as an heir after the death of a person who has assets in Pakistan but is resident in Norway.
The first thing you need to do is to write a power of attorney; you need to write a "Special Power of Attorney" to the person who will follow up the case in Pakistan. Our lawyers in Pakistan act as proxies if we get the assignment. In particularly challenging cases, our lawyers in Norway are engaged as proxies who then travel to Pakistan in connection with the settlement of the inheritance. If there are several heirs, they should agree on one representative.
The next thing to do is to obtain all documentation showing all assets and debts the deceased had in Pakistan. In addition, you will need to obtain documentation confirming that the deceased was the full or partial owner of the assets included in the inheritance settlement. The most common assets are real estate and/or money in a bank account.
If the deceased was resident in Norway, you must obtain a death certificate and a list of heirs. This is issued by the Norwegian courts in the municipality where the deceased was resident.
Once the power of attorney is in place, a legal process must be initiated before the appropriate court to obtain a "Certificate of Succession". This judicial process takes place over a period of 4-6 months and a corresponding number of court hearings. Before issuing the said certificate, the court will decide who the heirs are and how much each heir is entitled to in the inheritance settlement.
Following the court's assessment of the evidence, a "Secession Certificate" is issued which the heirs can use to have property/money transferred to them. Before the court allows the actual transfer, it is always conditional on the provision of a security. The amount of the security depends on the size of the estate. The security should cover any claims in the event that an inheritance settlement is incorrect.
The actual transfer of the properties is not carried out by the court, but by the public property authorities. As for money, this is released by the bank.
If you have any questions about the content of this article or would like assistance in connection with an inheritance settlement where the deceased has assets in Pakistan, you can contact us without obligation here.
As an employee, a discussion meeting with your employer can have a major impact on your job situation. It is therefore important to be well prepared and to be aware of your rights.
Before the employer makes a decision on dismissal, the issue shall, as far as practically possible, be discussed with you and employee representatives. Both the basis for the dismissal and any selection between several employees of who is to be dismissed must be discussed. This is the purpose of a discussion meeting.
You have the right to be assisted by an advisor (e.g. a lawyer) during the discussion meeting. This ensures that you have a competent and experienced person by your side who can guide you through the process and help you protect your interests.
If the employer decides to terminate your employment after a discussion meeting, you have the right to demand negotiations with the employer. This gives you the opportunity to discuss the matter further and possibly arrive at a solution that both parties can accept. A typical example of such a solution is a severance agreement.
Severance agreements can be an ideal way to compensate for job and financial insecurity. We emphasize that severance agreements are not a legal right, but a solution that can be negotiated between the parties. Severance agreements may be relevant if the employer is downsizing due to, for example, financial or market uncertainty in the company, and where there may be grounds for doubt or uncertainty about the appropriateness of the termination.
We can help you negotiate good terms in such a severance agreement, for example by providing you with a salary during the notice period without the obligation to work, coverage of benefits such as mobile phones and computers, career courses/coaching covered by the employer and a so-called "severance pay" (salary after the end of the notice period). The severance pay can form a good basis for job and financial security.
Example: Stine is summoned to a discussion meeting on February 29 and is given notice of termination by her employer on March 1. Her notice period runs from March 1 to May 31, and she is expected to work throughout this period.
Stine demands negotiations with her employer and eventually negotiates a final agreement with exemption from the obligation to work during the notice period, pay during the notice period and severance pay equivalent to two months' fixed salary*. She further negotiates that there will be no reduction in the severance pay if she gets another job during the severance pay period. Stine is then entitled to salary for five months from March 1.
This means that if Stine gets a new job before the severance pay period is over, she will in reality have "double" pay from the first pay day in the new job.
*Note: all terms will vary depending on the agreement reached through negotiations.
A severance agreement assumes that the employer is willing to agree to such an out-of-court solution. If the employer is not willing to agree to such a solution, we at Insa can help you assess whether the dismissal is unfair and whether you should take legal action.
ATTENTION: The deadline for demanding negotiations is two weeks from the date of termination. The deadline for legal action is eight weeks.
We at Insa advokater are happy to assist you before, during and after a discussion meeting. Don't hesitate - book an appointment with us here.
Have you bought a house with defects and want to make a claim against the seller? Buying a home is one of the most important investments most of us will ever make. That's why it's crucial that the property meets our expectations and is in the condition we expect.
If you as a buyer discover defects in the property after the purchase, it may be a good idea to contact a lawyer for guidance in the claims process. If you have home contents insurance, it will probably cover the cost of a lawyer up to NOK 100,000. 100 000. As a rule, the policyholder only has to pay a deductible of between NOK 2,000-5,000, plus 20 percent of the expenses incurred in excess of the deductible. In other words, the insurance company covers the lion's share of the legal expenses. The threshold for contacting a lawyer should therefore not be high, especially if you fear high legal costs.
Example: if the total legal costs are NOK 60,000 and the deductible is NOK 2,000, in addition to the NOK 2,000, you must pay 20% of NOK 58,000 (NOK 60,000 - NOK 2,000). In this case, you must therefore pay a total of NOK 13,600 yourself. In other words: your home contents insurance will potentially cover a large part of your legal expenses.
The insurance company may also cover expenses in connection with the preparation of a valuation report or expert report.
The insurance contract regulates the conditions that must be met in order to obtain legal aid coverage through the home contents insurance. As a general rule, legal aid is granted from the time a dispute arises. A dispute arises if you submit a claim and the other party refuses, i.e. at the time the disagreement arises. A lack of response from the other party (inaction) may also mean that a dispute exists under insurance law.
ATTENTION: The insurance contract must have been concluded before the dispute arises. If the insurance was taken out after the dispute arose, the insurance will probably refuse legal aid coverage.
It is also good to know that the insurance generally does not cover expenses greater than the financial interest in the case.
If you have questions or need help with your case, book a free consultation with us here.
Insa lawyers have recently assisted Norwegian-Pakistanis who want to sell their properties in Pakistan and bring the money back to Norway.
In this context, we have assisted clients with the following:
For those who have spent large parts of their lives in Norway, this type of process in Pakistan can appear very complicated and difficult. Therefore, it may be desirable for many to hand over responsibility for the entire process to a professional player based in Oslo. We can assist with everything from marketing and selling the property until the money is in your account in Norway.
When drafting sales agreements and deeds, it is important to remember that the money will be transferred to Norway. When transferring money, it will be necessary to document where the money comes from and why it should be sent out of the country.
In connection with the settlement, it is convenient to receive the money in an account in Pakistan. When transferring money to Norway, you will normally encounter a number of challenges. In our experience, the local banks normally reject a request to transfer money abroad, saying that this is only possible in connection with studies or for treatment of illness. Although there are severe restrictions on money transactions abroad, it is still possible to legally transfer money abroad. It is required that an application be submitted to the State bank to apply for permission to transfer the money first. Such an application must be submitted via a bank or foreign exchange company.
When choosing a foreign exchange company, we focus on how much money we can transfer, how quickly the transfer can be made and how much the foreign exchange company charges. Our clients have been satisfied with the company we use.
Some of the people who have assets in Pakistan have not reported this to the tax authorities. They can still do this without risking sanctions if the conditions for tax amnesty are met.
Do you have questions or need help in connection with the transfer of assets from Pakistan to Norway? Get in touch with usand we'll figure out the way forward together.
Despite the political unrest, there are major investment opportunities in Pakistan. With a population of over 220 million people, there are large markets for various business activities such as retail, restaurants and hotels, real estate, education and healthcare, etc.
Investors from abroad, such as Norway, may face various challenges when starting a business in Pakistan.
Firstly, the business must normally be run through an enterprise. There are several different company forms to choose from. The most common is the Private Limited Company. This form of company is the closest thing to a Norwegian limited company. The company must be registered in accordance with Pakistani law and it is required to prepare and submit a Memorandum of Association and Articles of Association. In addition, the company is required to have two "Directors". Once the company is registered, bank accounts are established and an accountant must be engaged.
The necessary public permits must then be obtained for the business in question. For example, if you want to start a private school, you must apply for registration with the Ministry of Education. This requires the following:
- Approved map of the school building
- An attested Affidavit showing name of school, level, owner's name
- Copy of Rent deed / Ownership deed
- Printed Prospectus and Admission Form
- Teachers Appointment order and their Testimonials
- Building Fitness Certificate from registered engineer or registered architect
- Hygienic Condition Certificate from DHO, Health Department
- Rules & Regulations of the Institution
- Memorandum of the Association in case of Registered Body
- Registration Certificate in case of NGO / Association / Body / Registered by Authority Joint Stock / Social Welfare Department
Similarly, it may be necessary to register other types of businesses.
Insa advokater assists clients in registering companies, applying for the necessary permits, registering businesses and obtaining the necessary documentation and certificates. In addition, we assist investors with tax matters and marketing. Contact us free of charge here.
Has the CPS decided to initiate assistance measures and you feel you have no choice? Be skeptical and ask questions! Bring a lawyer with you to the meeting where the decision is made. It may not always be the right thing to do, that it suits you and your family, or that the conditions of the law are met. You can ask the Child Welfare and Health Board to assess whether it is appropriate to impose measures.
According to section 2-1 of the Child Welfare Act, the child welfare service must review reports received as soon as possible, and within one week, and assess whether the report should be followed up with investigations.
The main rule is that assistance measures pursuant to section 3-1 shall be voluntary. It may nevertheless be decided that certain measures must be implemented by order. This means that the parents cannot oppose the measure. Very often, the CPS gives the impression that if you do not accept the support measures, they have no choice but to impose them on you. Be critical and take the case to the county administrative board if you disagree.
A distinction is made between compensatory, controlling, care-changing and parental support measures.
Compensatory measures
The aim of compensatory measures is to alleviate the family's or child's care situation.
In addition to stays in kindergarten or other suitable day care facilities, stays in a visiting home or respite care, homework help, leisure activities, use of support contact or other similar measures can also be compensatory. These measures reduce stress for the child, as well as ensuring stimulation and participation in activities.
Control measures
The purpose of control measures is to ensure that children are not subjected to abuse or maltreatment. Examples of such measures include supervision, mandatory reporting and urine tests.
Care-changing measures
The aim of care-changing measures is to help parents to perform their care tasks in a way that results in positive development for the child. This type of intervention involves various forms of parental guidance, including stays in a center for parents and children, and targets the parents' ability to care. Examples of such measures are stays in family centers.
Parental support measures without the child's consent
Parental support measures can also be implemented for children who have shown serious behavioral difficulties. The aim is to reduce the child's behavioral difficulties. Such measures that do not have consent cannot be maintained for more than six months.
No, parents have no obligation to explain themselves to the CPS. However, it is recommended that you attend the first meeting with the CPS. Bring a lawyer with you rather than not showing up. Demand that the child welfare services cover your legal expenses if you are to attend the meeting with the CPS. You run the risk that the CPS will set a large machinery in motion if you do not show up as agreed. Insa lawyers are available for a chat if you have any questions, at no cost to you.
Measures may continue for up to one year, calculated from the time the decision was made. This does not apply to orders to attend kindergarten or other suitable day care. These measures have no time limit.
You should contact a lawyer if invasive measures are taken by the child welfare services. Do not accept the measures without consulting a lawyer. If no agreement is reached, the case must be sent to the Child Welfare and Health Board. According to the Child Welfare Act, the Board can make a decision on the imposition of remedial measures without holding a negotiation meeting. This means that the case is decided on the basis of the case documents. However, it is possible to request an oral hearing on whether measures should be taken.
However, remember that the child welfare service can, without your consent, obtain documents and information if it is a serious case.
In principle, you are not entitled to free legal aid for voluntary assistance measures. You are only entitled to legal assistance paid for by the state if assistance is ordered. However, it is recommended that you do not accept any assistance measures without consulting a lawyer. Demand that the child welfare services cover your costs. All too often, support measures are put in place without the parents challenging the child welfare services! Contact us for free advice before meeting with the child welfare services.
When the child welfare authorities make a decision to take a child into care, you must be consulted about the choice of foster home. Use a lawyer who can ensure that you are heard about your wishes regarding where the child should be placed. The child welfare authorities often do not follow your wishes and place children with completely unknown people, even if there are suitable alternatives in close family.
Yes, according to section 4, first second paragraph of the Foster Home Regulations, the child welfare service must "always" assess whether someone in the child's family or close network can be chosen as a foster home. Furthermore, your opinion must be included in the child welfare service's assessment. If your opinion has not been heard, you can complain to The Parliamentary Ombud.
Yes, other families can also be considered as foster homes.
According to section 5 of the Foster Home Regulations, the foster home should consist of two foster parents. Single parents may be chosen if the child welfare service finds that this would be in the best interests of the child in question.
If the child welfare service do not wish to place the child in the foster home you have proposed, it is important that a claim for a specific foster home placement is brought before the county social welfare board. The board can assess whether the people you have proposed are suitable as foster parents.
The claim for a specific foster home must be submitted and decided in the same case as the case concerning the takeover of care. If the board does not deal with this case, the district court will not do so either. Make sure you have a lawyer who knows this process, as there is often a slip-up here.
The Foster Home Regulations set out general requirements for foster parents. It states that a foster parent must have the ability, time and energy to give children a safe and good home. A stable life situation, generally good health and good cooperation skills. They must also have finances, housing and a social network that gives children the opportunity to develop their lives.
These requirements may be waived somewhat if it is undoubtedly in the child's best interests to be placed with a particular family or network. Challenge the child welfare service on this before you settle for the child welfare service's choice!
The child welfare service will need to ensure that the family will be able to cope with the dual role and the possible conflict of loyalties inherent in being both a family or close network and a foster home.
Do you have any questions? Contact us for a for a non-binding chat.
Has your neighbor caught you smoking hashish at a house party you had and sent a report of concern to the CPS? Read more about the case and our tips on how to deal with the CPS.
Parents will be invited to a meeting with the child welfare services following a report of concern about drug use. It follows from the Child Welfare Act that circumstances that may provide grounds for measures under the Child Welfare Act are sufficient to open an investigation. The use of narcotic substances, such as hashish, will result in an investigation.
As a parent, you have no obligation to explain yourself to the CPS. However, it is recommended that you attend the first meeting with the CPS. Bring a lawyer rather than not showing up.
The child welfare service will normally ask you to provide a cannabis and urine sample. THC acid can be detected in urine from a few days to three months after you have stopped using cannabis. The purpose of the test is to find out your pattern of use.
You are not obliged to accept such a request from the CPS. If you have smoked at a party, there is little basis for requesting a cannabis sample. As the measure is considered particularly invasive, the child welfare service must have a strong suspicion of substance abuse if urine samples are to be ordered. Challenge the child welfare service if they demand a cannabis sample. However, you must consider the totality of the concern the CPS has before deciding whether to say yes or no.
The severity depends on whether your cannabis use has affected your children. In our experience, if you have smoked once in a while, without your children being present, this rarely results in intervention by the child welfare authorities. If you use drugs extensively and are considered addicted, it will often be considered abuse. Such abuse may lead to intervention by child welfare services.
If you accept that you have used hashish, this will be recorded. This may be self-incriminating, as the CPS may choose to report this to the police. The CPS does not normally report individual incidents to the police. However, it is stupid to withhold and lie to the CPS about the use of cannabis if it is obvious that you have used it. It can then be used against you. Use a lawyer to create a strategy for what to communicate and how to communicate it.
Even if the parents do not have a duty to explain, the CPS has the right to have a private interview with the child. Even if you are not entitled to this, you can ask for a person you trust to attend this private meeting, or you can ask for the conversation to be recorded on tape.
No! The child welfare service has a practice where they all too often ask for a waiver of confidentiality. As a parent, you may feel pressured to say yes. A waiver of confidentiality often means that many agencies, such as schools and health services, are informed that your child is involved in the child protection case. This can be very stressful. In cases where hashish is suspected as an individual incident, we do not see the purpose of lifting confidentiality. Therefore, it may be wise to challenge the CPS before signing such a statement. With a lawyer present, you will be able to assess the need for such a statement and challenge the CPS's wishes.
In investigation cases, you are not generally entitled to free legal aid. However, you can make it a condition of your meeting with the CPS that they cover your legal fees. You run the risk of the CPS setting in motion a major process if you do not appear at the agreed time. Therefore, make sure to meet with the CPS, regardless of whether you have a lawyer with you or not. Insa lawyers are available for a short conversation on the phone, at no cost to you. Contact us on 21 09 02 02 or here.
As part of providing parents with advice and guidance, child welfare services often offer courses to strengthen parents' care skills. One of the most commonly used courses is the so-called Circle of Security (COS). This is a parental guidance course that aims to give parents the tools to better understand their children's needs, the signals they give, and what can be done to better meet these needs.
The course focuses on the "Circle of Safety", which is designed to help parents recognize their children's need for support from their parents, both when they have difficult emotions and when they are exploring the world. There is also a focus on the importance of good interaction between parents and children, and its significance for how children develop secure emotional attachment. The course will provide parents with knowledge and tools to handle any difficult situations that may arise.
The COS course will certainly give parents good knowledge and important tools they can take with them, but all too often we see that courses are offered that are not necessarily adapted to the situation the family is in. Even if the course itself is good, it will therefore provide little benefit if it is not the right measure at the right time. It is therefore important that you ask questions and make demands of the intervention the CPS wants to offer. Feel free to use a lawyer in your meeting with the CPS about this.
Insa advokater can assist with advice and guidance prior to meetings with the child welfare authorities, and we can participate in the meetings if desired. Contact us for for free for a chat about your case!
As of September 30, 2018, the Norwegian Tax Administration has received information about Norwegians' bank deposits and financial affairs in Pakistan. It's not too late to rectify the situation after September 30, 2018. Save yourself from additional tax of up to 60% and a police report by correcting the situation today.
All Norwegians who are resident in Norway for tax purposes are obliged to report their income and assets, but they do not have an automatic obligation to pay tax in Norway on assets abroad. Norway has an agreement with Pakistan that ensures that you do not pay double tax. If you have not reported your income and assets in Pakistan, you should do so as soon as possible to avoid possible criminal tax and a police report.
It is impossible to give any concrete answers to this. Pakistan has developed an electronic register of all properties in Pakistan, but this is not yet fully operational. At present, it is therefore not easy to get an overview of Norwegian-Pakistanis' property in Pakistan. Other assets, such as savings in banks, funds, etc. will be easier for the tax authorities to gain insight into. In any case, you should report your income and assets, regardless of which asset the money is invested in.
Firstly, as a tax resident in Norway, you have a duty to report your income and assets in Pakistan. Secondly, very few people risk paying large sums of money for reporting their income and assets to the Norwegian tax authorities. Norway and Pakistan have a tax treaty from 1986 that prevents double taxation. Thirdly, you will be able to transfer money from Pakistan to Norway without the risk of additional tax and notification if your income and assets are reported in Norway.
If you are resident in Norway, all income and assets in Pakistan must be reported to the Norwegian tax authorities. This applies to property, housing, money in the bank, shares and other assets. Your assets must be entered in your tax return every year. The fact that the assets are entered in your tax return does not necessarily mean that you must pay tax on them. Read more about tax liability below.
No, due to the tax treaty between Norway and Pakistan, there is no automatic tax liability in Norway for everything you own in Pakistan. For example, if you have paid tax on rental income from a home in Pakistan, tax is not payable on the same rental income in Norway. However, the home is taxed as property in Norway.
There may be cases where there is a risk of both additional tax and reporting due to failure to report to the Norwegian tax authorities. Due to the tax treaty between Norway and Pakistan, those who have paid tax in Pakistan will in principle not risk additional tax or prosecution if a voluntary correction is requested.
Apply for voluntary correction with the tax authorities.
There is no full deduction for interest on debt, but there is a full deduction for debt.
Yes, it is completely unproblematic to transfer money from Pakistan to Norway. However, make sure that you have arranged your tax affairs in Norway before you transfer the money here.
Read more about reporting property in Pakistan to Norwegian tax authorities here.
If you are resident in Norway, you are obliged to report your assets in Pakistan. Your assets may consist of housing, land, commercial property, bank deposits, etc. If you have assets abroad, you must report this in your tax return. The fact that you are obliged to report does not automatically mean that you are obliged to pay tax.
It's a fairly simple process to report assets you own abroad. When you log in to altinn.no to make changes to your tax return, you will be able to enter real estate you own abroad, bank deposits in Pakistan, rental income from real estate, interest income, etc.
For real estate, section 4.6.1 is used, while for bank deposits you must use the form called RF-1231.
Wealth tax for residential property abroad is favorable. The capital value of homes is set at only 30% of the market value.
In order for you to be in a position to pay tax in Norway, your assets must exceed NOK 1,500,000 in 2019. If you are married, your wealth must exceed NOK 3,000,000. Wealth tax is paid on net wealth, which means that a full deduction is made for debt.
In the event that you exceed the above-mentioned wealth limits, you will pay 1% wealth tax.
You own a residential property worth 10 million rupees and have a mortgage debt of 1 million rupees. When calculating wealth tax on the residential property, the following calculation is made: The capital value of the residential property is set at 3 million rupees (30% of market value). A deduction of 1 million rupees is then made for the debt. In this calculation, 0.85% of 2 million rupees, which corresponds to 17,000 rupees, must be paid. At today's exchange rate, this corresponds to approximately NOK 1,000.
The example does not take into account whether you have other debts or assets. If you have other debt, regardless of whether it is in Norway or abroad, equivalent to 2 million rupees, you pay zero wealth tax in this example.
Bank deposit of 10 million rupees. The entire bank deposit is included in the wealth tax calculation. A 0.85% wealth tax is calculated on 10 million rupees, corresponding to 85,000 rupees. At the current exchange rate, this corresponds to approximately NOK 5,500.
In this example, the fact that you have other assets or debts is not taken into account.
Read more about Norwegian-Pakistanis' obligation to report their assets in Norway here.
In our experience, many Norwegian-Pakistanis own property in Pakistan that has not been reported to the Norwegian tax authorities because they are afraid of being taxed. However, there is no reason to be afraid of reporting your property in Pakistan to the tax authorities. It is a myth that you will be heavily taxed for assets abroad. Nor is there an automatic tax liability for property you own in Pakistan.
This article provides information and specific advice on how to proceed if you want to transfer money from Pakistan to Norway after selling a property.
Yes, absolutely all property you own in Pakistan must be reported to the tax authorities. The reporting is done through your tax return. The reporting obligation applies to those who are considered resident in Norway for tax purposes. The fact that you report your property in Pakistan to the tax authorities does not necessarily mean that you are liable to pay tax.
You are obliged to report on the property, regardless of whether you have purchased, inherited or otherwise become the owner of the property. Whether you should pay tax on the property in Norway must be assessed on a case-by-case basis. If you have inherited the property, the date of inheritance is used as the basis for when you became the owner. If there is an ongoing inheritance dispute, your assets will only be equal to your share of the estate until the inheritance settlement is final.
For properties that have not previously had an asset value determined according to Norwegian rules, the asset value is set at a maximum of 30 percent of the market value abroad. Ask a real estate agent in the area to provide you with a valuation of the property, to the extent possible. Insa advokater can put you in touch with the right people in Pakistan if you wish.
In 1986, Norway and Pakistan entered into a tax treaty that aims to avoid double taxation. This means that if, for example, you have paid tax on the rental of the property in Pakistan, you will not pay tax on it in Norway. The same applies if you have paid tax on gains from the sale of the property in Pakistan. However, the value of the property will be included in the calculation of your wealth in Norway. You must pay wealth tax on this if your wealth is large enough.
If it turns out that you should have paid wealth tax in Norway or paid more wealth tax than you already do, you can request a voluntary correction (so-called tax amnesty). In 2023, spouses with assets of less than NOK 20 million will only pay 1% wealth tax on net assets above NOK 3.4 million. Single people with assets of less than NOK 20 million will pay 1% on net assets above NOK 1.7 million. 1.7 million.
Whether your property in Pakistan results in increased wealth tax must be assessed on a case-by-case basis. If you apply for voluntary correction, you risk paying late payment interest and wealth tax for the period you should have paid tax.
Conditions that are important to clarify: How long have you owned the property? Is the property rented out? Is tax paid on any rental income? What is the value of the property?
According to the tax treaty between Norway and Pakistan, if you have paid tax on the gain from the sale of property in Pakistan, you will not pay tax on it in Norway. If you have sold your holiday home in Pakistan and the sale has triggered capital gains tax in Pakistan, you will not pay tax on the property in Norway.
If no tax has been paid on the gain of a holiday home abroad, the sale is tax-free in Norway if you have:
Yes, it is completely unproblematic to transfer money from Pakistan to Norway. Make sure that your tax situation in Norway is in order before you transfer the money here.
Read more about the obligation of Norwegian-Pakistanis to report their assets in Pakistan to Norway, here.
What is the limit for an employer's duty to check that foreign employees have the necessary residence and work permits? On April 15, 2021, the Supreme Court issued a judgment where the question was whether a limited liability company could be subject to a corporate penalty for employing a foreign worker who did not have a residence and work permit in Norway. The limited liability company was imposed a corporate penalty with a fine of NOK 30,000, but the judgment states that there is no objective criminal liability for companies.
The Supreme Court's decision clarifies and establishes that corporate penalties cannot be imposed on the basis of strict criminal liability. Corporate penalties can only be imposed in the event of negligence on the part of the company. The judgment entails a duty of investigation for the company to clarify whether foreign employees have a valid work permit. A breach of this duty may result in negligence on the part of the company, and the culpability requirement for corporate criminal liability will thus be met.
This decision is also of significance when imposing corporate penalties.
The company in the case had hired a foreign employee as general manager. The chairman of the board, who owned all the company's shares, established the company and hired the person in question to help him start his own business. At that time, the employed general manager had received a final rejection of his residence permit. In other words, he did not have a valid residence and work permit in Norway. Despite this, he was registered in the Register of Employers and Employees, and he had a tax card. In other words, the employer had reasonable grounds to rely on the information that he had a work permit in Norway.
The employee was arrested by the police and the company was subsequently fined NOK 25,000. The company was informed that failure to accept the fine would result in a fine of NOK 30,000. The company did not accept the fine, and the case was taken to court. The prosecutor deviated from what was stated in the fine and claimed a fine of NOK 500,000.
Corporate penalties are regulated by section 27 of the Penal Code, which states that companies can be punished in cases where a penal provision is violated by someone who has acted on behalf of the company. The provision specifies that this applies "even if no individual has been guilty". According to this wording and the preparatory works, there is objective criminal liability for companies. The Supreme Court also considered whether such objective criminal liability is compatible with Article 6(2) and Article 7 of the European Convention on Human Rights, which prohibit punishment on a purely objective basis. In the event of conflict between the Convention and other Norwegian law, the Convention shall prevail, cf. section 3 of the Human Rights Act.
The Supreme Court concluded that section 27 of the Penal Code cannot be applied according to its wording, and that under Norwegian law, corporate penalties cannot be imposed in cases where no one has been guilty. However, the Supreme Court concluded that there was no requirement for intent or gross negligence under section 108, third paragraph (a) of the Immigration Act, and that corporate penalties can thus be imposed in cases of negligence.
The Supreme Court then specifically assessed whether the chairman of the company's board of directors had acted negligently. In this specific assessment, the Supreme Court emphasized that the chairman of the board had not investigated whether the man who was employed had a work permit, and that this was sufficiently negligent conduct on the part of the chairman. This was despite the fact that the man had informed the chairman of the board that he had a work permit, he was registered in the Register of Employers and Employees and he had a tax card.
The Supreme Court thus imposes a very strict due diligence requirement for companies that employ foreign workers.
Since the conditions for a corporate penalty were met, the Supreme Court went on to consider the assessment of the corporate penalty. The original fine was NOK 25 000. It was stated in the fine that failure to adopt the fine would result in a fine of NOK 30,000. However, during the proceedings in the District Court and the Court of Appeal, the prosecutor claimed a fine of NOK 500 000.
The Supreme Court stated that one should be able to rely on the prosecuting authorities to impose a fine in the same order of magnitude as the original fine. The Supreme Court stated that even though the prosecuting authority is not bound to the amount notified in the fine, it would be reasonable to settle on a fine of the original informed amount of NOK 30,000. The company was fined NOK 250,000 in the Court of Appeal, and the Supreme Court reduced this considerably.
If your company has foreign employees, this decision means that the company should have routines for checking the citizenship/residence permit of all employees at the time of employment. In order to create a uniform arrangement for all employees in the company, and at the same time make it easier for the company, this routine check at the time of employment should apply to everyone.
The decision can be found here.
Are you one of the parents who have been summoned to a meeting with the child protection services following a report of concern? In 2021, the child welfare services received 53 468 reports of concern. Investigation proceedings were opened in 41 933 of these.
According to section 2-1 of the Child Welfare Act, the child welfare service must review reports received as soon as possible, and within one week, and assess whether the report should be followed up with investigations.
All too often, the child welfare service initiate investigation proceedings without having assessed the seriousness and severity of the report. According to the Child Welfare Act, there must be circumstances that can provide grounds for measures under the Child Welfare Act in order to open an investigation case. In practice, this rule is rarely followed up. This is something the lawyer can challenge the CPS on. Remember that it is important to be confident when dealing with the CPS. If the case is serious or you feel unsafe, the recommendation is to have a lawyer with you. Prepare yourself well and make a strategy for what you want to communicate in the meeting with the CPS.
No, it will never be used against you if you bring a lawyer to the meeting with the CPS. According to the Public Administration Act, you have the right to have a lawyer with you in a meeting with the CPS.
No, parents have no obligation to explain themselves to the CPS. However, it is recommended that you attend the first meeting with the CPS. Bring a lawyer with you rather than not showing up. Demand that the child welfare services cover your lawyer's fees if you are to attend the meeting with the CPS. You run the risk that the CPS will set a big machine in motion if you do not show up at the appointed time. Insa lawyers are available to talk to you on the phone, at no cost to you.
Even if the parents do not have a duty to explain themselves, the child protection services have the right to have a private interview with the child. Even if you are not entitled to this, you can ask for someone you trust to attend this meeting, or you can ask for the interview to be recorded on tape.
No! The child welfare service have a practice where they all too often ask for a waiver of confidentiality. As parents, you may feel pressured to say yes. A waiver of confidentiality often means that many agencies, such as schools and health services, are informed that your child is involved in the child protection case. This can be very stressful. Therefore, it may be a good idea to challenge the child welfare authorities before signing such a statement. With a lawyer present, you will be able to assess the need for such a statement and challenge the CPS's wishes. So the general rule should be that you do not sign, but rather give the CPS access to the information they need. The CPS does not normally need access to your medical records for the last 10 years.
However, remember that the child welfare service can, without your consent, obtain documents and information if it is a serious case.
In investigation cases, you are generally not entitled to free legal aid. However, you can make the meeting with the CPS conditional on them covering your legal costs.
You are entitled to free legal aid if your child is placed in an emergency placement or taken into care.
Please contact us at Insa advokater if you have any questions regarding a meeting with the child protection services. It does not cost you anything to contact us!
Under Section 5-7 of the Child Welfare Act, parents who have been deprived of custody of their children have the possibility to request that the decision be revoked; in other words, to demand that they regain custody of their children.
Under the law, the authorities are obliged to revoke a decision to take achildinto care as soon as it is "highly probable that the parents can provide the child with proper care". This obligation is in accordance with ECHR Art. 8(2) which requires that only necessary interventions can be legitimized.
However, even if the probability requirement is met, the law states that return shall nevertheless not take place if the child "has become so attached to the people and environment where he or she is that relocation may lead to serious problems for the child if he or she is relocated". "Serious problems" means that the adaptation problems in the event of a return must be of a certain strength, and something beyond what would be normal in the event of a return.
The question of return must be addressed to the parent or parents who have custody of the child in accordance with the rules of the Children Act, and the claim can be made if the case has not been dealt with in the last 12 months.
In order to provide peace and stability for the child, the law contains an important limit on the right to request a review of the return issue more than once. If the Child Welfare and Health Board or the courts have decided that the child should not be returned because it could cause serious problems for the child to be returned, the issue cannot be re-examined by the Board or the courts unless there is a "significant change in the child's situation". A significant change could be, for example, that the foster home terminates its agreement.
As usual, the child's opinion should be given weight in such cases, but in a return case the foster parents also have the right to be heard.
You are entitled to free legal aid if the tribunal or court is hearing your case for reinstatement.
You can contact Insa lawyers if you have any questions, at no cost to you.
Children have the right to express their views and participate in any matter concerning them. This right is a human right enshrined in section 104 of the Norwegian Constitution, Article 12 of the Convention on the Rights of the Child and section 1-4 of the Child Welfare Act. In child protection cases, children's views and opinions are an important basis for the decisions of the child welfare services, the Child Welfare and Health Board and the courts. Furthermore, this right ensures respect for the child's integrity and dignity.
A child who is capable of forming his or her own opinions has the right to participate in all matters concerning the child under this Act. Children have the right to express their views to the child welfare authorities without the consent of their parents and without informing the parents of the interview in advance. The child shall receive adequate and appropriate information and has the right to freely express his or her views. The child shall be listened to and the child's opinions shall be given due weight in accordance with the child's age and maturity.
According to the preparatory works, the child has an independent and unconditional right, but not an obligation, to participate. The child should receive adequate and appropriate information and has the right to express his or her views freely.
Furthermore, it follows from the preparatory works that it is up to the body that is to make the decision to ensure that the child has been informed of the right to be heard and that the child in question is actually given the opportunity to express his or her views. It is the same body that is responsible for assessing how such an interview should be conducted and organized. A spokesperson may be appointed, but the child may also speak before the tribunal, a judge or an expert who may be involved in the case.
According to the law, the child's opinion should be given weight in accordance with the child's age and maturity.
It is a procedural error if the child is not given the opportunity to be heard and this error can lead to a judicial decision being overturned.
It follows from section 12-3 of the Child Welfare Act that if the child has reached the age of 15 and understands what the case concerns, he or she may act as a party to the case and thereby assert party rights. If the interests of the child so require, the Board may also grant a child under the age of 15 the right to be a party.
In cases concerning children with behavioral problems or measures for children who may be victims of trafficking, the child should always be considered as a party.
You are entitled to free legal aid if a tribunal or court is dealing with your child protection case.
Previously, it was a requirement that you had to pay NOK 100 000 to establish a limited company. Many people chose to establish their company as a sole proprietorship instead. In 2012, however, the amount you had to pay to establish a limited company was reduced to NOK 30 000, and today more and more people choose to establish a limited company (AS) rather than a sole proprietorship.
Do you have a sole proprietorship but want to change it into a limited liability company? In this article, we explain what a sole proprietorship is, when you should and how you can convert your sole proprietorship into a limited liability company, and how Insa can help you.
A sole proprietorship (ENK) is characterized by being owned by one person with unlimited liability and risk. In cases where the risk is very high, it can be considered whether the legal form should be changed to limit liability.
The owner of the enterprise cannot be listed as an employee himself, but the owner can have employees. This means that the owner does not receive any salary payments, but can dispose of the profits himself. The profits of the enterprise are considered as your income and must be taxed. The owner must pay wages to the employees and employer's contributions.
There will also be fewer social rights for the owner than there are for the employees. Social rights are defined as sickness benefits, unemployment benefits and pensions.
Another characteristic of a sole proprietorship is that it is not a separate legal entity. This leads to a confusion between the finances of the sole proprietorship and the person running it. For this reason, sole proprietorships are not very attractive to investors.
After you have changed your legal form from a sole proprietorship to a limited liability company, the first change will be that your limited liability company will have an organization number. Furthermore, the AS will be seen as a legal person. This may result in some contracts having to be amended or adjusted. New account numbers and customer relationships with the bank will also be required.
The company must be registered in the VAT register after you have invoiced for €50,000.
A transition from a sole proprietorship to a limited liability company may at first glance seem somewhat complicated, but we have skilled lawyers who can assist you...
If you have any questions related to the change of company form, please contact us at Insa advokater here.
Long case processing at the Norwegian Embassy, a lot of bureaucratic work and, among other things, little publicly available information, result in Norwegian-Pakistanis who die in Pakistan being buried in Pakistan against their will. The Norwegian Embassy has stated that they will prioritize these cases in the future. "Unfortunately, what we often find is that many people do not have insurance when they are in Pakistan. If you don't have insurance, repatriation becomes very expensive and difficult.
In this article, we describe the procedure and the Norwegian Embassy's procedures for repatriation of bodies from Pakistan. Please note that it may take a few days before repatriation can take place.
Contact your insurance company. Insurance companies usually have agreements with hospitals in the major cities, which will be able to assist in the repatriation of bodies to Norway.
Contact a Pakistani hospital that can arrange for the body to be transported to a hospital that can store the body and arrange the necessary documentation for shipment. Get approval from the insurance company before the body is transferred to the hospital. Also check if the hospital has experience in repatriating bodies. Aadil Hospital in DHA Lahore Cantt has extensive experience in storing and sending bodies abroad. Aadil Hospital has also assisted a Norwegian-Pakistani family with repatriation of bodies to Norway.
Establish contact with a Norwegian funeral home and put them in touch with the Pakistani hospital that will hold the body.
Please contact the Norwegian Embassy. If you call outside the embassy's opening hours, you will be transferred to the Ministry of Foreign Affairs' operational center through the embassy's answering machine. The center is open 24 hours a day. Put the embassy in touch with the contact person at the hospital and the funeral home in Norway.
When all necessary documents have been submitted, the Embassy will issue a No Objection Certificate (NOC). In the NOC, the Norwegian citizen is referred to as "deceased" and the information in the death certificate must therefore be verified before the NOC is issued. Once the NOC is issued, the document will be sent to the airline that will transport the body. The hospital will help with this.
If you have any questions related to property matters related to Pakistan, please contact us at Insa advokater here. We will help you with your questions!
You have started a company, but find that the legal form you chose is not suitable for you and your company after all. What do you do? Are you tied to the company form you have chosen and have to start again, or can you transfer the same company to another company form?
The legal form you choose sets the framework for your organization, responsibilities, taxes, risks, obligations and rights. A change of company form means that you change or reorganize your business into something new.
Sole proprietorship - perhaps the easiest form of company to start. Setting up a sole proprietorship offers great freedom of action and simplicity, but the downside is that there is no separation between your personal finances and the finances of the sole proprietorship.
General partnership - most commonly divided into either an ANS (general partnership) or a DA (joint liability). An ANS and DA are forms of company where the participants in the company are personally liable for the company's financial obligations. ANS and DA have simpler procedural rules and are easier to operate than a limited liability company, but in return they carry a greater share of the risk for the company's obligations.
Limited liability company - a form of company with limited liability for the company's owners. Ownership in a limited liability company is divided into shares and the owners are not personally liable for the company's obligations to its creditors. However, there are a number of requirements concerning the procedure and management of affairs, and the way in which the limited liability company can distribute dividends to its owners.
Other - There are also many that are organized as limited partnerships, partnerships or public limited companies, but this is more rare. Norwegian registered foreign enterprise (NUF) was more common before. Now that the share capital requirement for starting a limited liability company has been reduced to NOK 30 000, NUFs have become increasingly rare.
In the past, it was common for many businesses to start their company as a sole proprietorship or NUF. The reason was that there was previously a minimum requirement in the Limited Liability Companies Act that you needed NOK 100 000 to establish a limited company. In addition to this, there were ongoing auditing costs. However, after a change in the law that lowered the share capital requirement from NOK 100 000 to NOK 30 000, more and more people started ASs, in line with what the legislator wanted to achieve.
The government has also made it easier to convert a company from a corporate form to an AS. For example, a founder who starts a sole proprietorship should be able to easily change the company form if the company grows out of that particular company form. For example, the state recognizes the conversion from a sole proprietorship to an AS as tax-free.
A limited liability company has many advantages compared to e.g. NUF, ANS and ENK. A limited liability company has limited liability, is flexible and is more suitable if multiple owners are desired (especially if there are to be different levels of activity among the owners).
There are different levels of risk associated with the different types of company. A limited liability company makes a clear distinction between your personal finances and the company's finances. If a limited liability company goes bankrupt, only the paid-up share capital can be lost (with the exception of the owner's or board of directors' actions in tort). If you run a sole proprietorship, on the other hand, you privately risk losing your personal assets such as your car, boat or holiday home.
If you decide to change your legal form to a limited liability company, you should be aware that it will involve more time spent on paperwork and documentation than before. There are several criteria where the rules are stricter for a limited company than for a sole proprietorship, NUF or ANS. Some of these are for example:
Are you considering converting your company form and have questions in this regard? Contact us at Insa advokater, completely free of charge, here.
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