Do you need a lawyer for child custody?

Disagree on the distribution of children?

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!

Our services under Child custody

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Frequently asked questions on Child Custody

What is child custody?

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.

How is the child's residence and access determined?

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.

What does best interests of the child mean?

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.

What is parental responsibility and how is it determined?

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.

How can Insa lawyers help me in a child custody case?

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.

What is mediation and how does it work in child custody cases?

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.

What is an expert opinion in a child custody case?

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.

Am I entitled to free legal aid in a child custody case?

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.

What does it cost?

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.

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The child's right to be heard in his or her own case

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.

Section 1-4 of the Child Welfare Act states the following:

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.

Am I entitled to free legal aid? 

You are entitled to free legal aid if a tribunal or court is dealing with your child protection case.   

 

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