In child custody cases, there are usually questions about where the children will live after a breakup, or how much each of you is entitled to see them?
We have extensive experience of helping in cases concerning parental responsibility, access and residence for children. Together we find solutions that contribute to a safe and stable situation for you and your family - and that are in the best interests of the child.
In addition to legal advice and representation in court, we offer support, advice and guidance throughout the process. We help you understand your rights and obligations, and together we will find the best way to resolve the situation.
Are you a party to a parental dispute? Insa advokater has extensive experience in assisting in child custody cases all over Norway. Contact us for a consultation with one of our experienced child custody lawyers. It is completely free of charge!
Child custody is a process in which parents going through a break-up agree on the distribution of parental responsibility, residence and access for their joint children. The aim is to find solutions that safeguard the child's interests and ensure a safe and stable upbringing.
Residence and access for the child are often settled through agreements between the parents. We always encourage parents to try to resolve the matter between themselves. If the parents are unable to reach an agreement, they can seek help from the family counseling office for mediation or take the case to court. The court will then make a decision based on what they consider to be the best interests of the child.
The best interests of the child is a fundamental principle in child custody cases. This means that all decisions and agreements affecting the child must be based on what is best for the child's development, safety and welfare. The child's age, needs and relationship with parents and siblings are taken into account. The child's own wishes are also taken into account, depending on their age and maturity.
Parental responsibility involves the right and duty to make important decisions for the child, such as the choice of school, medical treatment and religious education. In the event of divorce or relationship breakdown, parents will normally retain joint parental responsibility, unless there are special reasons for only one of the parents to have parental responsibility.
Insa advokater can assist you in your child custody case by providing legal advice, negotiating on your behalf and representing you in court if necessary. We work to find solutions that safeguard the best interests of the child and help you understand your rights and obligations as a parent.
Mediation is a process in which a neutral mediator helps parents reach agreement on issues of parental responsibility, residence and access. Mediation is a voluntary alternative to legal proceedings and can help reduce conflicts between parents. Mediation is often offered through the family welfare office or through private mediation schemes. The mediator's role is to guide and support the parents in finding solutions that are in the best interests of the child.
When a child custody case is to be heard by the court, an expert may be appointed. It is common for the expert to be either a child psychologist or a child psychiatrist. The expert's role is to support the judge with their expertise so that both the court and the parties can find the most beneficial solution for the child.
In a child custody case, you may be entitled to free legal aid, which means that the state pays your legal fees. In order to receive free legal aid in a child custody case, the financial conditions for free legal aid must be met. We always initially assess whether you are entitled to free legal aid in your case.
We have made it as simple as possible. Our goal is for you to know exactly what help you're getting, at a price you understand.
Firstly, we always assess whether you are entitled to have the state, your insurance company or someone else cover all or part of your legal expenses.
Secondly, we have a price guarantee on all our assignments. This means that you are quoted a maximum price, and the price guarantee means that the maximum price quoted is the maximum price you will pay for the assignment. You should never pay more than the price stated in the quote.
In addition, we have a fixed hourly rate that applies to everyone: NOK 2000.
The hourly rate is inclusive of VAT for private individuals and exclusive of VAT for businesses.
Changing a visitation agreement may be necessary when the child's needs change, or when practical circumstances make the existing agreement inappropriate.
Changing the visitation agreement should be reconsidered if:
It is important to remember that the best interests of the child should always be the overriding consideration when changing the visitation agreement.
The first step is to have an open and honest conversation with the other parent. If you agree, you can update the visitation agreement in writing. A written agreement provides predictability and can be useful when contacting public agencies such as NAV.
If you cannot agree on your own, you can contact the family welfare office for mediation. Mediation is free and aims to help you find a solution that is in the best interests of the child. Children over the age of 7 have the right to be heard in such processes.
If mediation does not lead to any progress and the other parent refuses to change the visitation agreement, the case can be brought to court. Before this, you must have a valid mediation certificate - proof that you have completed or attempted to complete mediation. The court will then assess the case with the best interests of the child as the decisive criterion.
Children have the right to express their opinion in matters that concern them. From the age of 7, the child's opinion shall be given weight, and from the age of 12, great weight shall be given to the child's point of view, provided that the child is capable of forming his or her own opinions. This follows from Section 31 of the Children's Act.
When changing the visitation agreement, it is important to consider:
A well-thought-out agreement takes these factors into account to ensure a stable and predictable everyday life for the child.
If there is high conflict between the parents, or the case is complex, it may be a good idea to seek legal assistance. A child custody lawyer can help you understand your rights and obligations, as well as represent you in court if necessary.
As the holidays approach, child custody becomes an important topic for many divorced or separated parents. Holidays provide an opportunity to spend meaningful, connected time with their children, but they can also present challenges and disagreements.
Parents are largely free to agree on how visitation will be divided during holidays. If there is no agreement, the usual visitation rules apply – which normally do not provide additional provisions regarding holidays. It is therefore recommended to enter into written agreements that clearly regulate who the child will stay with during holidays such as summer, Christmas, Easter and autumn holidays.
There is no one-size-fits-all solution, but we often see arrangements like this:
The agreements can be flexible, but at the same time so specific that they avoid misunderstandings. Clarity prevents conflicts.
Good holiday planning is not just about logistics, but also about creating predictability and security for the child. Children tend to enjoy themselves best when they know what is going to happen and who they will be with. Therefore, plan well in advance, and inform the child as soon as you have an agreement in place. Also, give the child room to express their own wishes, especially if the child is older.
If you cannot agree, it may be a good idea to contact the family welfare office. They will help you negotiate an agreement in a safe and neutral environment. If this does not lead to a settlement, the case can be brought to court, which will then decide how the holiday should be divided based on the best interests of the child.
The court will, among other things, look at the child's need for stability, the relationship with each parent, and whether both parents facilitate good cooperation.
Yes, but it requires consent from the other parent if you have joint parental responsibility. This also applies to shorter vacations. Lack of consent can have serious consequences – both legally and practically.
Written consent is always recommended, and it is wise to agree on details such as travel period, destination, contact options and any sharing of expenses.
Child care during holidays requires planning, collaboration and clear agreements. The goal should always be to create a safe and good environment for the child, so that the holidays are a positive experience for all parties.
If disagreements arise that cannot be resolved through the family welfare office, you can also contact a child custody lawyer for guidance and assistance.
A breakup is often a challenging time, especially when children are involved. Agreeing on child custody can be complicated, but with the right information and guidance, the process can be more transparent.
Parental responsibility refers to the right and duty to make decisions for the child in personal matters, such as name, passport and medical treatment. As a general rule, both parents have joint parental responsibility after a breakup, unless otherwise agreed or determined. This applies regardless of whether the parents were married or cohabiting.
After a breakup, it must be decided where the child will have their permanent residence. The parents can agree on shared permanent residence, where the child lives almost equally with both, or permanent residence with one parent with visitation for the other. The choice of permanent residence affects, among other things, who can make decisions about everyday matters such as kindergarten, school and leisure activities in addition to moving with the child domestically.
If parents cannot agree on parental responsibility, permanent residence or visitation, mediation is mandatory for parents with children under the age of 16. The goal of mediation is to reach an agreement that is in the best interests of the child. Mediation usually takes place at a family welfare office, and both parents are required to attend.
If mediation does not lead to an agreement, the matter may be brought before the court. The court will then decide on issues of parental responsibility, permanent residence and access based on what is considered to be in the best interests of the child. The child's opinion will also be heard, especially if the child is over 7 years old, and great importance is given to the child's opinion after the age of 12.
When determining child support, both parents' income, the child's needs and the extent of contact are taken into account. NAV can assist with calculating and collecting child support if the parents cannot agree.
In all decisions about child custody, it is crucial to have the best interests of the child as the primary focus. This means ensuring a stable and safe care situation, as well as maintaining a good relationship with both parents as far as possible.
Navigating child custody issues can be challenging, but with the right information and support, parents can find solutions that meet both their child's and their own needs. Contact us for a free consultation with one of our attorneys with expertise in child custody .
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