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.
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.
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.
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.
The parents must agree on where the child will have their permanent residential address. The options are:
If the parents cannot agree on permanent residence, the matter can be decided by the court.
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.
If the parents are unable to reach an agreement, the court can determine the visitation. The child's opinion will also be heard here.
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:
NAV can help calculate and collect child support if the parents are unable to agree.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Practical advice - prepare well
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.
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.
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.
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.
You are entitled to free legal aid if a tribunal or court is dealing with your child protection case.
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