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 parenting dispute? We have extensive experience assisting in child custody cases throughout Norway. Contact us for a free consultation.
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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 get a maximum price in the quote, and the price guarantee means that the stated maximum price is the maximum price you will pay for the assignment. You will never pay more than the price stated in the quote.
In addition, we have a fixed hourly rate that applies to everyone: NOK 2100.
The hourly rate is inclusive of VAT for private individuals and exclusive of VAT for businesses.
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.
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.
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:
Two children in seemingly similar situations may therefore receive different solutions, because the child's age, maturity, attachment and needs vary.
The court makes an overall assessment that includes several factors. No single factor is decisive on its own.
Stability is a weighty consideration in Norwegian case law. The court considers, among other things:
Continuity is often particularly important for younger children. Here you can read what applies to child custody when the children are young.
The parents' ability to care is assessed broadly and includes:
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.
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.
If there is:
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.
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:
If the conflict is high, shared housing can create more stress than security.
There are several common misconceptions:
"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.
“Equal time is always fairest.”
Fairness between parents is not the issue of assessment. What is crucial is the child's needs.
"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.
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:
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 .
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:
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.
Do you need help or legal advice in a child custody case? Contact our lawyers for a free, no-obligation consultation.
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.
Book a free video consultation with us here.
We will send you a non-binding offer with a price guarantee and a probability percentage that you will win the case.
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