Parental disputes and child custody

This is a fundamental principle in child law, meaning that all decisions concerning children must be made based on what is in the best interests of the child. The child's needs, safety, development, and interests must always be the primary focus, and this principle takes precedence over other considerations.

Children have the right to express their opinions in matters that concern them, such as questions about residence, visitation, or other important decisions. The child's opinion must be given weight in accordance with the child's age and maturity.

Parental responsibility entails the right and duty to make decisions for the child on important matters, such as upbringing, education, health, and religious affiliation. Parental responsibility can be shared between the parents or held by one of them.

Permanent residence refers to where the child will primarily live. The parent with whom the child has permanent residence has the right to make decisions about the child's daily matters, such as daycare, school, and extracurricular activities. The child may have permanent residence with one parent or shared between both.

Visitation means the right of the parent who does not live with the child on a daily basis to spend time with them. The right to visitation ensures that the child can maintain contact and a relationship with both parents, and the extent of visitation can be agreed upon by the parents or determined by the court.

Child support is financial assistance paid by the parent who does not have the child living with them permanently to the other parent, to contribute to the child's upbringing and care. The amount is calculated based on the parents' income, the child's needs, and the amount of time the child spends with each parent. Child support can be agreed upon between the parents or determined by NAV if they cannot reach an agreement.

If parents cannot agree on parental responsibility, permanent residence, or visitation after a separation, the law requires them to attend mediation at a family counseling office—provided they have joint children under the age of 16. The purpose of mediation is to find solutions that are in the best interests of the child, and in many cases, the mediation results in an agreement.

If the parents reach an agreement, the agreement should always be put in writing. We can assist in drafting the agreement or reviewing a draft to ensure that the agreement is well thought out and clearly formulated.

If the parents cannot reach an agreement, the case can be brought before the courts. We have extensive experience with such cases and provide assistance throughout the entire legal process—always prioritizing the best interests of the child.

It is often beneficial to contact a lawyer early in the process—ideally even before mediation. Many parents find that an initial meeting provides valuable guidance and increased confidence in a challenging situation.