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.
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.
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 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.
Get in touch and we'll find out what you need help with, free of charge!
Call us on 21 09 02 02
If it's not an emergency, kindly book a 15-minute video meeting with us by clicking this link
Urgent?
Call us on 21 09 02 02
Book time with us
Book time with us
Voice message via WhatsApp
.svg)
