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.
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.
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.
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.
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.
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.
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