When parents separate, questions quickly arise about permanent residence, visitation, and parental responsibility. In all such cases, there is one legal principle that weighs most heavily: the best interests of the child .

But what does the best interests of the child mean in practice – and how is it assessed in a child custody case?

This article provides a thorough and professionally grounded review of what the law says, which assessment factors are central, and what is decisive if the case is heard in court.

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What is in the child's best interest?

The best interests of the child are a statutory principle in the Children's Act . This means that all decisions about children after a breakup should be based on what is best for the child overall, and not the wishes of the parents.

The principle is also anchored in the UN Convention on the Rights of the Child , which applies as Norwegian law. The Convention states that the best interests of the child shall be a fundamental consideration in all actions affecting children.

There is no standard solution that is automatically considered correct. The assessment must always be:

• Concretely
• Individual
• Holistic

Two children in seemingly similar situations may therefore receive different solutions, because the child's age, maturity, attachment and needs vary.

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How is the best interests of the child assessed in a child custody case?

The court makes an overall assessment that includes several factors. No single factor is decisive on its own.

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1. Stability and continuity

Stability is a weighty consideration in Norwegian case law. The court considers, among other things:

• Who has had the daily care?
• Where the child has had their primary home
• Connection to local community, school and friends
• Risk of rupture in established relationships

Continuity is often particularly important for younger children. Here you can read what applies to child custody when the children are young.

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2. Parents' ability to care

The parents' ability to care is assessed broadly and includes:

• Ability to provide emotional support
• Ability to create structure and predictability
• Boundary setting and safety
• Mental stability
• Ability to shield the child from conflict

A key part of the assessment is also the parents' ability to cooperate . If one parent actively opposes the child's contact with the other, this may weaken that person's case.

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3. The child's right to participation

Children have the right to be heard in matters that concern them. According to the Children's Act, children who are capable of forming their own views shall be given the opportunity to express their views.

The older and more mature the child is, the greater the weight the child's opinion is given.

Nevertheless, it is important to clarify: The child does not have decision-making authority. The court must make an independent assessment of what is best.

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4. Risk, violence and other stresses

If there is:

• Violence or threats
• Drug problems
• Serious mental illness
• High and persistent level of conflict

This could be of decisive importance. The child's need for security and protection takes precedence over considerations of equal distribution or the parents' wishes. In cases involving allegations of violence, the court conducts a special risk assessment.

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Shared permanent residence – when is it in the best interests of the child?

Shared permanent residence means that the child lives permanently with both parents and that decisions are made jointly. In this article you can read more about the different distribution models.

The court considers, among other things:

• Do the parents live close to each other?
• Are they able to cooperate?
• Can the child tolerate frequent transitions?
• Does the child want such a solution?

If the conflict is high, shared housing can create more stress than security.

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Typical misconceptions about the best interests of the child

There are several common misconceptions:

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"The child should always live mostly with the mother."

There is no such general rule. Parents are legally equal.

Here you can read more about balance in parental responsibility and father's rights in child custody.

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“Equal time is always fairest.”

Fairness between parents is not the issue of assessment. What is crucial is the child's needs.

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"The child can choose freely when he turns 12."

The child's opinion should be given great weight from this age, but the court makes the final decision.

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What happens if the parents don't agree?

Before the case can be brought to court, the parents must attend mediation. If mediation does not lead to progress, the case can be taken to court.

The court may:

• Appoint an expert psychologist
• Conduct conversations with the child
• Obtain documentation
• Hold the main hearing

The process can be both legally and emotionally demanding.

If you want a thorough review of how a child custody case is handled, what phases the case goes through and what you should prepare for, you can read this article .

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Summary

The best interests of the child is a legal standard that requires a concrete and forward-looking overall assessment in each individual case. Important points are:

• Stability and continuity
• Caring ability
• Cooperation
• The child's opinion
• Risk and safety

In child custody cases, it is not the parents' rights that are at the center - it is the child's need for security, development and predictability.

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Do you need help or legal advice in a child custody case? Contact our lawyers for a free, no-obligation consultation.

Are you considering signing a severance package or have you been offered a severance agreement? Before you accept, you should know what your rights are, what you can negotiate, and what consequences the agreement may have on your finances, unemployment benefits, and future career.

In this guide, you will get a complete overview of what a termination agreement is, how the rules in the Working Environment Act work, and what you should consider before signing the agreement.

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What is a severance package?

A severance package (also called a termination agreement or severance agreement) is a voluntary agreement between employer and employee to terminate the employment relationship on specific terms.

Instead of the employer carrying out a formal dismissal, the parties enter into an agreement that regulates:

• End date
• Salary during notice period
• Possible exemption from work obligation
• Severance pay (financial compensation)
• Other rights and obligations

You are not automatically entitled to a severance package. The terms are determined through negotiation.

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When is the final agreement offered?

Final agreements are often used for:

• Downsizing
• Reorganization
• Workplace conflict
• Long-term sick leave
• Dispute whether a dismissal is objectively justified

For the employer, the agreement provides predictability and reduced risk of litigation. For the employee, it can provide financial security and a more controlled termination. However, it is important to remember that a termination agreement is voluntary – you are normally under no obligation to accept the offer.

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What should a final agreement contain?

A well-drafted final agreement should be clear and detailed, with the following points being key:

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1. End date : When does the employment relationship formally end? This affects salary, pension accrual and seniority.

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2. Salary and work obligation during the notice period: Will you have to work during the period, or will you be exempt from work obligation? Many agreements mean that the employee is exempt from work, but receives salary as normal.

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3. Severance pay: The severance package itself often consists of a severance pay – extra compensation above and beyond the ordinary salary during the notice period.

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4. Holiday pay, bonuses and other benefits: The agreement should regulate earned but not paid holiday pay, as well as any bonuses and other benefits such as a car, telephone or insurance.

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5. Certificate and references: Many employees are concerned about how their resignation is described. The agreement may include a statement about what type of certificate or reference should be provided.

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How much is it common to get in a severance package?

One of the most common questions is: How large a severance package can I claim?

The size varies and is influenced by, among other things, how long you have been employed, age, position level, the possibility of getting a new job, and how strong the employer's grounds for dismissal are.

In other words, there is no definitive answer, but severance pay is often similar to:

• 1–3 months' salary for short-term employment
• 3–6 months' salary for longer seniority
• Higher amounts for management positions or weak grounds for dismissal

If there is uncertainty related to the fairness and legality of the termination, this will often strengthen the employee's negotiating position and could provide a basis for increased financial compensation.

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Severance package and unemployment benefits from NAV

An important issue is the right to unemployment benefits from NAV.

If you enter into a voluntary agreement to terminate your employment, it may lead to an extended waiting period before you receive unemployment benefits. NAV may consider this to mean that you yourself contributed to your becoming unemployed.

In addition, the size of the severance pay may affect the timing of when unemployment benefits can be paid.

These consequences should always be considered before the agreement is signed.

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Tax on severance package

Severance pay is normally taxed as ordinary income. This means that advance tax is deducted and the amount is included in your ordinary income.

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Larger payments may have an impact on the marginal tax for the year in question. The timing of payment may therefore be relevant to discuss when concluding an agreement.

It is also important to consider how the agreement affects:

• Pension accrual
• Insurance schemes
• Any stock or option agreements

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When should you be extra careful?

You should be especially careful if you:

• Is on sick leave
• Are pregnant or on parental leave
• Has long seniority
• Have little time left until retirement
• Do you think the dismissal is unfair?

In such cases, you may have strong job security, and it may be financially disadvantageous to accept a low severance package.

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Should you negotiate your severance package?

In most cases – yes.

An initial offer is rarely final. You can ask for:

• Reflection time
• Adjustment of severance pay
• Clarification of bonus or other rights
• Coverage of legal expenses

Once the agreement is signed, it is binding, so it is essential that you fully understand its content and consequences.

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Get help from an experienced lawyer

A final agreement can have significant legal and financial consequences, often waiving the right to file a claim later. A lawyer can assess whether the offer is reasonable, strengthen your negotiating position, and ensure that the agreement protects your interests.

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In many cases, the employer also covers the costs of legal assistance. It may be natural to request this as part of the negotiation.

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At Insa lawyers you can get assistance from an experienced lawyer in employment law who knows the regulations and can help you with everything from advice and contract drafting to mediation and possible legal proceedings. Contact us for a free consultation.

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The employment contract is a central part of any employment relationship, and since the legislative changes that came into force on 1 July 2024, the requirements for what such a contract should contain have been tightened. For both employers and employees, it is still important to have control over the rules, especially as many still use older contracts that do not meet today's requirements.

In this article, we provide an updated and practical overview of what an employment contract must contain, and what is new after the legislative changes that have now been in force for over a year.

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Briefly about the rule changes from 2024

The amendments to the law were intended to ensure more detailed and predictable working conditions. The rules include:

• Shorter deadlines for entering into and updating employment contracts
• Several mandatory points that must be included in the agreement
• Presumption rules that give employees stronger protection in the event of inadequate information
• Clearer rules for probation

Although many employers have already adapted their routines and templates, we see that many still use agreements that are missing important information or are not sufficiently updated.

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What must an employment contract contain today?

In addition to the points that were already required by law (such as working hours, salary, position, vacation and notice period), today's employment contracts must also contain:

• The procedure for terminating the employment relationship , with formal requirements and procedures
• Clarification of work location , especially in the case of home office or variable work location
• Details of working hours and overtime , including shift arrangements and payment
• Possible right to skills development
• Information about paid absence beyond vacation
• Complete overview of salary , including bonus, commission and fringe benefits
• Information about pensions and insurances
• Restrictions on probation , especially in temporary positions or in case of repetition

This follows from Section 14-6 of the Working Environment Act .

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Presumption rules – important when information is lacking

If the employment contract does not specify whether the position is temporary, it shall be considered permanent – ​​unless the employer can prove the contrary with a high degree of probability. The same applies to the percentage of vacancies: if this information is missing, the employee's claim shall be taken as the basis.

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Does this apply to old agreements?

Yes – but only if the employee requests it. If an employee with an older agreement requests an update in line with the new rules, the employer must supplement the agreement – ​​no later than two months after the request. This can be done, for example, in the form of an appendix to the existing agreement.

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Our recommendations

• Review the template : Many templates from before July 2024 are missing updated points.
• Use voucher structure : This provides flexibility and easier updates over time.
• Avoid overregulation : Be aware of what should be in the agreement itself and what can be regulated in separate documents – such as bonus or option schemes.

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Do you need assistance from a lawyer?

Insa lawyers have extensive experience in assisting both employees and employers with the design, review or negotiations related to employment relations. Contact a lawyer in employment law for a non-binding assessment of your case.