Children

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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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Practical advice - prepare well

• Documentation: Collect relevant documentation that can support your point of view, such as communication between the parents, school or nursery reports.
• Legal assistance: An experienced lawyer can provide valuable guidance throughout the process and help protect your and your child's interests.
• Focus on the child: Always keep the child's best interest in focus. A good cooperation between the parents, even during disagreements, is often the best for the child.

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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.

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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 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.

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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.

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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.

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Possible outcomes of the survey

After the investigation, the child protection agency can conclude that:

• No action: If no worrisome conditions are discovered, the case is closed without further action.
• Voluntary aid measures: If there is a need for support, the child protection service can offer measures such as guidance, relief, institutional placement or other forms of assistance. These measures require parental consent.
• Behavioral measures: If the child has shown serious behavioral difficulties, the child protection agency can decide that the child should be placed in a child protection institution or in a foster home, against the child's and parents' consent. The child can also be placed in a child protection institution if necessary to meet the child's immediate needs for protection and care.
• Taking over care: In serious cases where the child's health or development is at risk, and voluntary measures are not considered sufficient, the child protection agency can file a case for taking over care before the Child Welfare and Health Board.
• Emergency decision : If there is a risk that the child will suffer significant damage if the decision is not implemented immediately, the child protection agency can make an emergency decision about taking over care and placement in a child welfare institution.

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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:

• Serious neglect: There must be serious deficiencies in the day-to-day care or in the personal contact and security the child needs in relation to his age and development.
• Lack of follow-up of special needs: The parents do not ensure that a sick, disabled or particularly needy child has his special needs for treatment and education met.
• Abuse or abuse: The child is exposed to abuse or other serious abuse in the home.
• Serious risk to the child's health or development: It is overwhelmingly likely that the child's health or development may be seriously damaged because the parents are unable to take sufficient responsibility for the child.

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.

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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.

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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.

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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.

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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.

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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.

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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.

Should assistance measures be put in place that you do not agree with?

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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.

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Are assistance measures voluntary? 

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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.

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What types of support measures can be put in place? 

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A distinction is made between compensatory, controlling, care-changing and parental support measures.

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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.

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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.

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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.

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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.

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Do parents have to attend the meeting with the CPS and explain themselves? 

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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.  

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How long can the child welfare authorities impose such measures? 

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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.

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What do I do if I don't want to accept the measure? 

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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. 

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However, remember that the child welfare service can, without your consent, obtain documents and information if it is a serious case.

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Am I entitled to free legal aid? 

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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.