Child protection lawyer

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Are you a party in a child protection case?

Situations involving child welfare services can be very demanding, both legally and emotionally.

Our child protection lawyers help both parents and children with their rights, and have extensive experience helping families across the country.

With us, you get advice and help, and we follow you closely throughout the process. It is important to us that you feel seen and heard, and that you are confident that your interests are well looked after.

Our goal in all child protection cases is to ensure the best interests of the child and achieve cooperation between those involved. We know that every case is unique, which is why we create an action plan that is carefully tailored to your situation and needs.

Book a free meeting with one of our experienced child protection lawyers.

Our services under Child protection

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Frequently asked questions about Child Protection

What can Insa lawyers assist with?

We can assist in matters involving child protection, including:

  • Advice on rights and obligations when dealing with child protection
  • Negotiations and participation in meetings with child protection, to help promote your side of the case.
  • Representation in court. We can represent you in child welfare cases that go to the county board or the court, including emergency decisions and taking over care.
  • Complaint processing of decisions from the child protection agency or the county board.

We work to find solutions that safeguard the child's best interests.

Am I entitled to free legal aid?

In investigation cases, you are generally not entitled to free legal aid, but you can demand that the child welfare authorities cover your legal costs if you have to attend a meeting.

You are entitled to free legal aid if your child is placed in emergency care or taken into care.  

Do you need a lawyer when dealing with child protection services?

In many cases, the CPS initiates an investigation without first assessing the seriousness and severity of the report of concern. According to the Child Welfare Act, in order to open an investigation case, there must be circumstances that may provide grounds for measures under the Child Welfare Act. This rule is rarely followed up in practice. This is something a lawyer can challenge the CPS on.

Remember that it is important to be safe when dealing with the CPS. If the case is serious or you feel unsafe, you should bring a lawyer with you. Prepare yourself well and make a plan for what you want to communicate in your meeting with the CPS. Remember that you can contact us for guidance in your case, free of charge!

Will it harm my case if I bring a lawyer?

No, it won't. It will never be used against you if you bring a lawyer to a meeting with the CPS. According to the Public Administration Act, you have the right to have a lawyer with you in meetings with the CPS. It is your choice. Contact us free of charge if you wonder whether you need a lawyer in your case.

Someone has sent a report of concern to child welfare services. What happens now?

Barnevernet is obliged to investigate any reports of concern it receives. In most cases, the case is investigated and closed after three months. As a parent, you will be invited to a meeting so that you can explain the content of the report of concern.

Do you have any questions, or do you need help to express yourself in a good and clear way to the CPS? Contact us for a free consultation before the meeting!

Does the child welfare service have the right to talk to my child without me being present?

Yes. The child welfare services, and experts who have been engaged by them, may demand to speak to the child in private. This is stipulated in the Child Welfare Services Act. However, always ask if you or a close family member can be present during the interview. 

Can the child bring a trusted person to the meeting with the child protection services?

Yes. The child is entitled to be accompanied by a trusted person in all conversations with the child welfare services.

Can children have their say?

Yes, we do. All children have the right to express their opinions, and these opinions must be taken seriously. The Child Welfare Act states that the child shall be listened to, and the child's opinions shall be given weight according to the child's age and maturity.

Party rights of children

If the child has reached the age of 15, they can be a party to the case. This means that the child can have access to the case documents and be present during the processing of the case in the county board and in the courts, together with a lawyer.

Do you represent children in the County Board?

Yes, we can! We can help you as a child to obtain party rights in cases of doubt, and we can be your lawyer in the county board and the courts. The best interests of the child are always the most important thing in a child protection case, and a lawyer from us will be a safe and supportive spokesperson for you in your child protection case.

The child protection services have issued an emergency decision. What should I do?

You can appeal an emergency decision to the county administrative board, and possibly later to the courts. Assistance with this process is free of charge. Please contact us for guidance.

Do parents have to attend the meeting with the CPS and explain themselves?

No. Parents have no duty to explain themselves to the CPS, but we recommend that you attend the first meeting with the CPS. You run the risk that the CPS will set a big machine in motion if you do not show up for the appointment. Bring a lawyer with you rather than failing to attend, and demand that the child welfare services cover your legal expenses if you are to attend the meeting. At Insa advokater, we are available for telephone consultations at no cost to you.  

Do I have to lift the obligation of confidentiality?

No! Child welfare services all too often ask for a waiver of confidentiality. As a parent, you may feel pressured to say yes. A waiver of confidentiality often means that many agencies, such as schools and health services, are informed that your child is involved in a child protection case. This can be very stressful.

It may therefore be a good idea to challenge the CPS before signing such a declaration of waiver of confidentiality. With a lawyer present, the need for such a declaration will be assessed and the CPS's wishes will be challenged. The general rule in most cases is that you should not sign, but rather give the CPS access to the information they need. The CPS does not normally need access to your medical records for the last ten years.

Remember, however, that the child welfare authorities can obtain documents and information without your consent if the case is serious.

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.

Articles

Tenker du å klage på bekymringsmelding til barnevernet?
Å motta en bekymringsmelding fra barnevernet kan være en belastende opplevelse for både foreldre og barn. Det er viktig å forstå prosessen og hvilke rettigheter du har dersom du ønsker å klage på en slik melding.

Hva er en bekymringsmelding?

En bekymringsmelding er en melding til barnevernet fra en person eller instans som er bekymret for et barns omsorgssituasjon eller atferd. Barnevernet er forpliktet til å vurdere alle mottatte meldinger for å avgjøre om det er behov for videre undersøkelse.

Kan du klage på en bekymringsmelding?

Som forelder eller foresatt har du ikke formell klagerett på selve bekymringsmeldingen. Barnevernet har plikt til å vurdere alle meldinger de mottar, uavhengig av innhold eller avsender. Du har imidlertid rett til å bli informert om innholdet i meldingen og anledning til å uttale deg under barnevernets undersøkelse.

Hva skjer etter en bekymringsmelding?

Når barnevernet mottar en bekymringsmelding, skal de innen en uke gjennomgå disse. Dersom det besluttes å gjennomføre en undersøkelse, vil barnevernet kontakte familien, gjennomføre hjemmebesøk og eventuelt innhente opplysninger fra andre instanser som skole eller helsevesen.

Hvordan klage på barnevernets vedtak?

Hvis du er uenig i barnevernets vedtak etter en undersøkelse, har du rett til å klage. Klagen må fremsettes skriftlig eller muntlig til barneverntjenesten. Dersom barnevernet opprettholder sitt vedtak etter å ha vurdert klagen, vil saken bli oversendt til barnevernsnemnda for endelig avgjørelse.

Hva hvis bekymringsmeldingen er grunnløs eller falsk?

Dersom du mener at bekymringsmeldingen er basert på falske eller grunnløse påstander, kan du anmelde forholdet til politiet. Det er viktig å dokumentere hvorfor du mener meldingen er falsk, slik at politiet kan vurdere saken på riktig grunnlag.

Important considerations

  • Samarbeid med barnevernet: Selv om situasjonen kan oppleves vanskelig, er det ofte hensiktsmessig å samarbeide med barnevernet for å oppklare misforståelser og sikre barnets beste.
  • Søk juridisk bistand: Ved alvorlige saker eller dersom du føler deg usikker på dine rettigheter, kan det være lurt å kontakte en advokat med erfaring innen barnevernssaker.
  • Dokumentasjon: Hold oversikt over all kommunikasjon og dokumentasjon knyttet til saken. Dette kan være nyttig dersom saken eskalerer eller du velger å klage.

Å håndtere en bekymringsmelding fra barnevernet kan være utfordrende, men med riktig informasjon og støtte kan prosessen bli mer oversiktlig og rettferdig. Book et gratis møte med en av våre erfarne barnevernsadvokater.

Child welfare and parents' rights - What you need to know

As a parent, navigating child welfare cases can be challenging. It is therefore important to be aware of your rights throughout the process. Here is an overview of key rights for parents when dealing with child welfare.

Right to information and participation

When child welfare services receive a report of concern, they consider whether there are grounds to initiate an investigation. Parents have the right to be informed about this process and to have their say. Child welfare services shall facilitate the participation of parents in the case.

Right to access documents

As a party to a child welfare case, you generally have the right to access the case documents. This means that you can ask to read through the relevant papers in the case.

There are some exceptions, for example if access could hinder the investigation of the case or if the documents contain sensitive information about other people. If the child welfare service refuses you access, this must be justified in writing, and the decision can be appealed.

Right to legal assistance

You have the right to be assisted by a lawyer at all stages of the case. In cases where child welfare services are considering compulsory measures, such as taking care of children, you are entitled to free legal aid regardless of income. This ensures that your rights are safeguarded in the best possible way.

Right to appeal decisions

After the child welfare service has completed its investigation, a decision is made that may involve closing the case or implementing measures. If you disagree with the decision, you have the right to appeal.

The complaint itself is sent to the child welfare service, which then reassesses the case. If the child welfare service maintains its decision, the complaint is forwarded to the state administrator for a final decision.

Right to visitation

If a decision is made to take over care, you as a parent have the right to visitation with the child, unless otherwise decided. The Child Welfare and Health Board determines the extent of visitation based on what is considered to be in the best interests of the child.

The rights of the child

The child also has rights in child welfare cases. Children who are capable of forming their own views have the right to participate in their own case. This means that the child has the right to receive information, to express their opinion and to be heard by the child welfare authorities. The child's opinions shall be given weight in accordance with their age and maturity.

Do you want assistance in your case?

Knowing your rights as a parent in child welfare cases is crucial to being able to protect both your own interests and your child's in the best possible way. If you feel unsure or have been treated unfairly, it may be a good idea to seek advice from an experienced child welfare lawyer .

Can you claim compensation for lost childhood?
Growing up in harmful conditions can have long-term consequences. In Norway, there are opportunities to seek compensation for lost childhood if public authorities have failed in their responsibilities. Here is an overview of what this entails and how you can proceed:

What is compensation for lost childhood?

Compensation for lost childhood is provided to people who have experienced neglect, abuse or other serious circumstances during their childhood, where public authorities, such as child welfare services or schools, have failed to intervene or have acted negligently. This may include a lack of protection against violence, abuse or serious neglect.

When can you claim compensation?

To be entitled to compensation, the following conditions must be met:

  • Knowledge of the conditions: Public authorities knew or should have known about the harmful conditions.
  • Lack of intervention: The authorities have failed to take necessary measures to protect the child.
  • Harm caused: The lack of intervention has resulted in physical or psychological harm to the person affected.

How to proceed to seek compensation?
  1. Document your experiences: Collect all available documentation that supports your experiences, such as journals, reports, and witness statements.
  2. Seek legal assistance: Contact an attorney with experience in tort law to get guidance on your rights and options.
  3. Consider the statute of limitations: Be aware that there are statutes of limitations for filing claims. These deadlines can vary, and it is important to act as soon as possible.
  4. Submitting a claim: The lawyer will help you draft and submit your compensation claim to the appropriate authority.

Alternative compensation arrangements

In addition to ordinary compensation claims, there are special schemes, such as redress. This is a state compensation scheme for those who have experienced serious abuse or neglect, and where other compensation schemes are not adequate. To apply for redress, you must document the incidents and show that other compensation options have been exhausted.

Important considerations
  • Proof requirement: A preponderance of the evidence is required to prove that the alleged events took place. This means that it must be more likely that the events occurred than that they did not.
  • Statute of limitations: Although there are statutes of limitations, these can in some cases be extended if you only became aware of the damages and their cause as an adult.

Seeking compensation for lost childhood can be a demanding process, both legally and emotionally. With the right guidance and support, you can get the compensation you are entitled to. Contact Insa lawyers .

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