Do you need a lawyer for child custody?

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.

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What does the law say about holiday togetherness?

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.

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Typical solutions for holiday get-togethers

There is no one-size-fits-all solution, but we often see arrangements like this:

• Summer vacation : Often the vacation is split in two, so that each parent gets equal periods. Some choose to rotate who gets the first and last part of the vacation each year.
• Christmas and New Year : Many people choose to divide Christmas into two periods – for example, from Christmas Eve to Christmas Day and then from Christmas Day to New Year's Day.
• Easter and autumn holidays : These holidays are often shared every other time, so that the children get to experience these holidays with both parents over time.

The agreements can be flexible, but at the same time so specific that they avoid misunderstandings. Clarity prevents conflicts.

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The importance of good planning

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.

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Disagreement about vacation agreements

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.

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Can one parent travel abroad with the child?

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.

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Tips for good cooperation during the holidays

• Be out in good time – avoid last-minute clarifications
• Think flexibility – things can happen, and it's a good idea to be able to adapt
• Keep the child's needs at the center - the child's well-being should weigh most heavily
• Keep communication factual and respectful – regardless of your relationship as parents.

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Need legal assistance?

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.

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When young children are involved in a breakup, there are extra high demands on how parents cooperate on child custody. For the very youngest, it is not just about practical solutions, but about creating a stable, safe and predictable everyday life.

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Starting point in the best interests of the child

In all matters concerning children, there is one principle that remains constant: the best interests of the child shall be paramount. This is enshrined in the Children's Act and governs both private agreements and legal decisions. For young children, this means in particular that attachment, predictability and a stable care base must be emphasized.

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Breakup with children under 1 year old

When a relationship breaks down and the child is under one year old, visitation arrangements must be adapted to the child's developmental level and need for security. In this phase, the attachment to the primary caregiver – often the one who has had the main responsibility for the child – is crucial.

Visits with the other parent should be frequent but short, and preferably in familiar surroundings. This gives the child the opportunity to build a relationship without creating unnecessary stress. Overnight stays are usually not recommended for infants, especially if the child is breastfed or has an irregular circadian rhythm.

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Childcare for children under 3 years old

As the child develops, the visitation arrangement can also be expanded. For children between one and three years old, it is still about ensuring continuity and security – but with somewhat greater flexibility.

• 1 to 1.5 years : A careful introduction of short overnight stays can be considered, for example one night every other week. In addition, frequent daytime visits are important.
• 1.5 to 2 years : If the child has established security with both parents, one night a week may be appropriate.
• 2 to 3 years : More nights can be considered, but there should still be a good balance and adjustment. A common arrangement might be overnight stays every other weekend and one night in the middle of the week.

Emotional reactions such as restlessness, sleep problems or separation anxiety must be taken seriously. It is important that the visitation arrangement is not rigid, but adjusted in line with the child's development.

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Shared living space – suitable for young children?

Shared residence means that the child lives equally with both parents. This can work well for older children, but for those under three years of age, this is often discouraged by professionals. Young children need one main base to develop a secure attachment.

If shared residence is considered for such young children, it requires a high degree of cooperation and communication between the parents – and that the child already has strong, secure relationships with both.

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If you don't agree

Parents who separate and have children under the age of 16 must go through mediation. The goal is to agree on parental responsibility, residence and visitation. Many people manage to find solutions themselves, often with help from a family welfare office or lawyer.

If disagreement persists, the matter can be brought to court. The court will then make a decision based on the best interests of the child – paying particular attention to the child's age, attachment and need for stability.

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Right to free legal aid

Many parents are not aware that they may be entitled to free legal aid in cases concerning child custody. This is especially true if the case is being heard in court and you have a low income and few resources. In some cases, free legal aid is provided regardless of income, for example if it concerns serious conflicts concerning children. This must be applied for from the State Administrator.

Free legal aid can cover both legal advice and assistance from a lawyer during legal proceedings. To find out if you are entitled to this, you can contact a lawyer or visit the legal aid scheme via the Government's website.

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Do you need legal assistance?

Child custody can be both demanding and emotional. If you are unsure of your rights, or need help finding a fair solution, it may be a good idea to seek legal advice.

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At Insa lawyers, you can get assistance from an experienced lawyer in child custody who knows the regulations and can help you with everything from advice and contract drafting to mediation and possible legal proceedings.

When parents separate, important decisions must be made that affect the child's daily life - where the child will live, how time will be divided between the parents, and who will make decisions about their upbringing. Child custody includes parental responsibility, permanent residence and visitation, and is fundamentally about finding solutions that safeguard the child's best interests.

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Common distribution models and number of days

Time between parents is often distributed according to percentage models, but it can be useful to convert this to the number of days to get a more concrete picture of everyday life.

• 50/50 child sharing : The child lives equally with both parents – typically 7 days with each, every other week. This requires close cooperation and predictable structure.
• Child distribution 60/40 : Here, the child lives on average 4 days per week with one parent and 3 with the other. A solution that provides balance, while at the same time giving one parent slightly more responsibility.
• 70/30 Child Sharing : A common model where the child lives with one parent but has regular contact with the other parent every other weekend (Friday–Sunday) and one regular weekday each week. This results in approximately 21 days per month with the primary custodial parent and 9 with the other.
• Child distribution 80/20 : The child has a permanent base with one parent and spends time with the other only every other weekend (Friday afternoon to Sunday evening).

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Economic consequences of different distributions

How time is divided between parents has a direct impact on finances – both in terms of child support and public benefits.

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Child support

In the case of a 50/50 division of children, child support is usually not applicable, provided that the parents have roughly equal incomes. In the case of a more unequal division – such as 60/40 , 70/30 or 80/20 – it is common for the person with the least child to pay child support. The amount is determined, among other things, by the income differences and the child's needs.

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Child benefit and other benefits

Child benefit is paid to the parent with whom the child is registered. In the event of shared residence, the parents may agree on shared child benefit. In the event of an uneven distribution, such as in the case of a 70/30 or 80/20 child distribution, the parent with primary custody may be entitled to extended child benefit, transitional benefit and support for childcare.

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Which distribution fits best?

There is no universal solution for child custody. Some children thrive living equally with both parents, while others have a greater need for stability with one fixed base. What is best depends on the child's age, well-being, daily routines and the parents' ability to cooperate. Practical factors such as travel routes, school and extracurricular activities also play an important role.

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The importance of collaboration and mediation

Good cooperation between parents is crucial to creating a safe and predictable everyday life for the child. In the event of a disagreement about visitation or finances, it is legally required to attend mediation before the case goes to court. The goal is to find a solution that works for both parties – but first and foremost for the child.

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Do you need legal assistance?

Child custody can be both demanding and emotional. If you are unsure of your rights, or need help finding a fair solution, it may be a good idea to seek legal advice.

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At Insa lawyers you can get assistance from an experienced lawyer in child custody , who knows the regulations and can help you with everything from advice and contract drafting to mediation and possible legal proceedings.

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