A breakup can be demanding and emotional, especially when there are children involved. As parents, you are not only responsible for ensuring the best interests of your child, but you also have rights and obligations in connection with decisions about child custody and financial support. This article provides an overview of your rights as a parent in Norway when going through a breakup.

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1. The best interests of the child – always the first priority

When it comes to decisions about children in the event of a breakup, the best interests of the child are always the most important principle. This applies both to voluntary agreements between the parents and to legal decisions. The child's need for stability, belonging and security is given the highest priority, and the child's own opinion is given weight, especially if the child is over 7 years old.

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2. Parental responsibility

Parental responsibility concerns the rights and obligations related to the upbringing and care of the child. If you have had joint parental responsibility before the breakup, this will generally continue after the breakup. However, it is possible to enter into separate agreements if you wish to change this. Should a disagreement arise, the matter can be brought to court.

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3. Permanent residence of the child

The parents must agree on where the child will have their permanent residential address. The options are:

• Permanent residence with one parent: The child lives mainly with one parent, while the other has visitation rights.
• Shared residence: The child lives equally with both parents. This requires the parents to cooperate well and live close to each other.

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If the parents cannot agree on permanent residence, the matter can be decided by the court.

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4. Access rights – right to contact with the child

The child has the right to visitation with both parents, unless there are strong reasons against this. The extent of visitation can be agreed upon between the parents, and a common arrangement may be every other weekend and one fixed weekday, plus a distribution of vacations and holidays.

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If the parents are unable to reach an agreement, the court can determine the visitation. The child's opinion will also be heard here.

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5. Financial support – child support

In the event of a divorce, it is common for the parent with whom the child does not live permanently to pay child support to the other. The amount of child support depends on, among other things:

• Parents' income
• The child's needs
• The extent of togetherness

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NAV can help calculate and collect child support if the parents are unable to agree.

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6. Mediation in case of disagreement

Before a child custody case can be brought to court, the parents must go through mediation. The mediation will help you find solutions that are in the best interests of the child. Mediation is mandatory for parents with children under 16 years of age.

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7. When the legal system becomes necessary

If you are unable to reach an agreement through dialogue or mediation, the matter can be decided in court. The court will then decide on parental responsibility, permanent residence and access based on the best interests of the child. It is advisable to seek legal assistance if a trial becomes necessary.

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8. The child's right to be heard

Children have a statutory right to be heard in matters that affect them. The amount of weight given to the child's opinion depends on the child's age and maturity. For children over 12 years of age, great importance is given to what they themselves want.

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9. Practical tips for a better process

• Communication: Try to have an open and respectful dialogue with the other parent.
• Legal help: Contact a lawyer with expertise in family law for advice and guidance.
• The child's perspective: Remember that what is best for the child should be the top priority throughout the process.

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Summary

When a relationship breaks down, it is important to be aware of your rights and responsibilities as a parent. By putting the child's best interests first and seeking good solutions together, you can help make the transition easier for both the child and yourself. Remember that there is help and support available – whether it is through mediation, lawyers or public services such as NAV.

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Divorce is challenging, but with the right information and support, you can navigate the situation in a way that protects both the child and the parents. Contact us for a conversation with one of our experienced lawyers.

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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.

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What is drink driving?

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.

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The limits also apply to drugs other than alcohol, and any possible influence can be assessed through a blood test or medical examination.

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What happens when you get caught for drunk driving?

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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.

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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.

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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.

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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.

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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.

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Consequences of drink-driving

Being caught driving under the influence can have both short-term and long-term consequences:

• Fine: Usually calculated based on your income and the severity of the incident.
• Driver's license seizure: Duration depends on the blood alcohol level, from several months to several years.
• Prison sentence: Common for high blood alcohol levels or in cases where drunk driving has caused harm or danger to others.
• Dots on your criminal record: Can affect your ability to apply for a job or travel to certain countries.
• Financial consequences: The insurance company may claim compensation for damages you have caused, and it can be expensive to get your driver's license back after the suspension period ends.

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Why contact a lawyer?

A lawyer with experience in drunk driving can help you understand your rights and possibly get a reduced sentence. This may include:

• Evidence assessment: A lawyer can examine whether police procedures were followed correctly during the stop. Any errors may be important to your case.
• Reduction of sentence: An experienced lawyer can argue for a lighter sentence, such as a reduced fine or shorter driver's license suspension.
• Guidance in court: If your case ends up in court, a lawyer will represent you and ensure that your side of the case is clearly presented.

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How is the blood alcohol level assessed?

The penalty for drunk driving varies with the blood alcohol level:

• 0.2–0.5 per mille: Fine and possible driver's license suspension for up to one year.
• 0.5–1.2 per mille: Higher fine, driver's license confiscation and possible imprisonment of up to three months.
• Above 1.2 per thousand: Prison sentence of at least 21 days, significant fine and longer driver's license suspension.

If the drunk driving has led to a traffic accident or injury to others, this will further increase the penalty.

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Tips if you are caught drunk driving

1. Cooperation with the police: It is important to act politely and cooperatively during the check.
2. Do not accept that your driver's license be confiscated on the spot: The case will then be brought to court, and a judge will decide whether the conditions for confiscation are met.
3. Contact a lawyer as soon as possible: A lawyer can give you advice from the very beginning of the case, which can be crucial to the outcome.
4. Avoid repetition: Show a willingness to correct your mistake, for example by participating in alcohol programs or demonstrating positive change.

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Summary

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.

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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.

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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.

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What is a monetary claim?

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:

• Loans between friends or family
• Lease agreements where the tenant fails to pay
• Unpaid services or sales of goods

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Regardless of the background, it is important that the monetary claim is documented. This can be through agreements, messages or receipts, for example.

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First step: Communication and negotiation

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:

1. Send a written reminder : This can be an email, SMS or letter requesting that the amount be paid by a specific deadline. Remember to include the amount, due date and any documentation of the claim.
2. Be factual and professional : Keep your tone professional, even if the situation is frustrating. Good dialogue can prevent unnecessary conflict.
3. Suggest an installment plan : If the debtor has financial problems, an installment plan can be a good option for both parties.

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The debt collection process

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.

1. Debt collection notice: Before you can start a debt collection case, you must send a written notice of debt collection. This is called a debt collection notice and gives the debtor one last chance to pay before further action is taken. The debt collection notice must contain:
   • A payment deadline of at least 14 days
   • Clear message that the case will be sent to debt collection if payment is not made
2. Use of a debt collection agency : If the debtor does not pay after the notice, you can contact a debt collection agency. They will handle the process further for a fee.

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Enforcement via the bailiff

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:

• A verdict from the Conciliation Council
• A signed debt agreement
• A payment order

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You can send the petition to the bailiff via the police in the debtor's municipality of residence.

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How much does it cost to collect a monetary claim?

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.

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Prevention of monetary claims

To avoid future conflicts, it is a good idea to ensure good documentation when lending money or entering into agreements. Here are some tips:

• Create written agreements : A written contract that details the amount, due date, and any interest, provides a strong evidentiary basis.
• Use Vipps or bank transfer : This gives you a documented payment history that can be used as proof.
• Avoid oral agreements : Although oral agreements are legally binding, they are often more difficult to prove in a dispute.

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Summary

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.

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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.

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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!

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