Barnefordeling i ferier – Dette bør du vite

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.

‍

Starting point in the best interests of the child

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.

‍

Breakup with children under 1 year old

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.

‍

Childcare for children under 3 years old

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.

• 1 to 1.5 years : A careful introduction of short overnight stays can be considered, for example one night every other week. In addition, frequent daytime visits are important.
• 1.5 to 2 years : If the child has established security with both parents, one night a week may be appropriate.
• 2 to 3 years : More nights can be considered, but there should still be a good balance and adjustment. A common arrangement might be overnight stays every other weekend and one night in the middle of the week.

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 living space – suitable for young children?

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.

‍

If you don't agree

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.

‍

Right to free legal aid

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.

‍

Do you need legal assistance?

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

‍

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 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.

‍

Common distribution models and number of days

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

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

‍

Economic consequences of different distributions

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

‍

Child support

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

‍

Child benefit and other benefits

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

‍

Which distribution fits best?

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

‍

The importance of collaboration and mediation

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

‍

Do you need legal assistance?

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

‍

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.

‍

Et samlivsbrudd er ofte en utfordrende tid, spesielt når det er barn involvert. Å bli enige om barnefordeling kan være komplisert, men med riktig informasjon og veiledning kan prosessen bli mer oversiktlig.

‍

Hva innebærer foreldreansvar?

Foreldreansvar refererer til retten og plikten til å ta avgjørelser for barnet i personlige forhold, som navn, pass og medisinsk behandling. Som hovedregel har begge foreldrene felles foreldreansvar etter et samlivsbrudd, med mindre annet er avtalt eller bestemt. Dette gjelder uavhengig av om foreldrene var gift eller samboere.

‍

Fast bosted og samvær

Etter et samlivsbrudd må det avgjøres hvor barnet skal ha sitt faste bosted. Foreldrene kan avtale delt fast bosted, hvor barnet bor tilnærmet like mye hos begge, eller fast bosted hos én forelder med samvær for den andre. Valget av fast bosted påvirker blant annet hvem som kan ta beslutninger om dagligdagse forhold som barnehage, skole og fritidsaktiviteter i tillegg til flytting med barnet innenlands.

‍

Mekling ved uenighet

Dersom foreldrene ikke blir enige om foreldreansvar, fast bosted eller samvær, er mekling obligatorisk for foreldre med felles barn under 16 år. Målet med meklingen er å komme frem til en avtale som ivaretar barnets beste. Meklingen foregår vanligvis på et familievernkontor, og begge foreldrene plikter å møte.

‍

Rettens rolle

Hvis mekling ikke fører til enighet, kan saken bringes inn for domstolen. Retten vil da avgjøre spørsmål om foreldreansvar, fast bosted og samvær basert på hva som anses å være til barnets beste. Barnets mening vil også bli hørt, spesielt dersom barnet er over 7 år, og det legges stor vekt på barnets mening etter fylte 12 år.

‍

Økonomiske aspekter

Ved fastsettelse av barnebidrag tas det hensyn til begge foreldrenes inntekt, barnets behov og omfanget av samvær. NAV kan bistå med beregning og innkreving av barnebidrag dersom foreldrene ikke blir enige.

‍

Barnets beste i fokus

I alle avgjørelser om barnefordeling er det avgjørende å ha barnets beste som hovedfokus. Dette innebærer å sikre en stabil og trygg omsorgssituasjon, samt opprettholde en god relasjon til begge foreldrene så langt det er mulig.

‍

Å navigere gjennom barnefordelingsspørsmål kan være krevende, men med riktig informasjon og støtte kan foreldre finne løsninger som ivaretar både barnets og egne behov. Kontakt oss for en gratis samtale med en av våre advokater med spisskompetanse innen barnefordeling.

‍