Barneloven, fra A til Å
There are a number of laws and regulations concerning children and their welfare. Both international conventions, including the Convention on the Rights of the Child, and the Norwegian Constitution emphasize children's rights and consideration for their best interests. The Children Act is also central to Norwegian child law. The Children Act applies to all children from birth until they reach the age of 18.
This article provides an overview of the law and the most important rules.
What is the Children Act?
1. Fødselsmelding (Barneloven kapittel 1, § 1)
2. Hvem er barnets foreldre? (Barneloven kapittel 2, §§ 2-9)
Chapter 2 regulates who is the child's legal parent: mother, father, or co-mother. A child cannot have both a father and a co-mother. The public authorities are responsible for clarifying who is the mother, father, or co-mother of a child.
2.1 Mother
Determining who is the mother is legally straightforward. The person who gave birth to the child is the child's legal mother. Without exception. Surrogate mother agreements are not binding.
2.2 Father
A man who is married to the mother at the time of birth automatically becomes the child's legal father.
Otherwise, paternity must be declared or determined by a court ruling. Paternity can be declared both before and after birth, either digitally at Nav.no (from the 22nd week of pregnancy until the child is 6 months old), or by the father appearing in person at a public office. If the mother has named the same man as the father, or approves the declaration in writing, the man is registered as the father.
2.3 Co-mother
A woman who is married to the mother at birth is considered a co-mother when the child is conceived through assisted reproduction within an approved healthcare system and with the woman's consent to the fertilization.
If a child is born after assisted fertilization, the mother's female partner can declare co-motherhood.
Co-motherhood can also be determined by court order.
2.4 Endring av farskap og medmorskap
The child, each of the parents, and any third party who believes they are the father/co-mother of a child who already has a father/co-mother may bring a case before the courts regarding paternity/co-motherhood based on marriage or declaration.
Paternity after marriage or declaration can also be changed if another man declares paternity. The declaration must be accepted in writing by the mother and the person who has been considered the father, and a DNA analysis must be available showing that the man is the father of the child.
3. Oppgavene til NAV i farskapssaker/medmorsaker (Barneloven kapittel 3, §§ 10-13)
Chapter 3 provides more detailed rules regarding NAV's tasks in connection with determining a father/co-mother for the child.
4. Rettergang i farskapssaker/medmorsaker og andre slektskapssaker (Barneloven kapittel 4 og 4a, §§ 14- 29 e)
Chapter 4 contains the special rules that apply to paternity cases before the court. These rules are supplemented by the general rules of procedure. The rules apply to both cases concerning the initial determination of paternity and cases concerning changes to paternity. The rules also apply, as far as they are relevant, to the establishment and change of co-maternity.
In paternity cases, the child, mother, and every man/woman who is considered to be the father/co-mother or who may be the father/co-mother are parties to the case. In first-time cases, it is generally NAV that issues the summons.
Chapter 4A sets out rules on proceedings in cases of kinship other than paternity/co-maternity cases. The rules apply only to kinship in the direct ascending or descending line, with the closest relative, for example the mother.
5. Foreldreansvaret og hvor barnet skal bo fast (Barneloven kapittel 5, §§ 30-41)
Both parental responsibility and the child's permanent residence concern the parents' responsibility for and decision-making authority over their children. The rules on parental responsibility and the child's permanent residence can be found in Chapter 5. This chapter also contains the rules on the child's right to be heard and the child's decision-making authority. For a more detailed explanation of the concepts of parental responsibility and permanent residence, see the article What do the best interests of the child, parental responsibility, permanent residence and access mean?
5.1. Parental responsibility
According to the law, a parent with parental responsibility has "the right and duty to make decisions for the child in personal matters." Typical examples of matters that fall under parental responsibility are issuing passports, choosing the type of school (special school), choosing a name, registering with a religious community, health care from the special health service, and moving abroad. Parental responsibility also gives the right to access and information about the child, with certain restrictions.
Parents who are married or cohabiting have joint parental responsibility. The same principle applies to unmarried parents who do not cohabit, but in this case the mother can obtain sole parental responsibility by notifying the National Population Register.
In the event of separation or divorce, parental responsibility is shared until an agreement or court decision is reached regarding parental responsibility for one parent only. Normally, it is considered to be in the best interests of the children that the parents have joint parental responsibility, but there may be special reasons why one parent should have sole responsibility. The parents' ability and willingness to cooperate on matters falling under parental responsibility is central here.
If parents with joint parental responsibility disagree about whether the child should move abroad, a separate ruling may be requested for the move itself. If a child is moved without the consent of a parent with parental responsibility and without a court ruling on the move, the child is considered to have been unlawfully abducted, see the article What is child abduction?
A parent who shares parental responsibility may take or send the child on trips abroad, probably for up to around four weeks. A parent without parental responsibility may not travel abroad with the child without the consent of the parent who shares parental responsibility.
If one parent dies, the other parent will be granted parental responsibility if they shared this responsibility at the time of death or if the child was living with both parents at the time of death. Otherwise, the surviving parent and others may claim parental responsibility. Parental responsibility will then be determined by a court ruling in accordance with what is in the best interests of the child.
5.2. Permanent residence
Begrepet “fast bosted” knytter seg til foreldrenes avgjørelsesmyndighet. Dersom barnet bor fast hos en forelder, treffer bostedsforelderen alene alle avgjørelser som gjelder de vesentlige sider av omsorgen for barnet. Eksempler på spørsmål som hører til bostedsansvaret er valg av barnehage/annen barnepass, hvor i landet barnet skal bo (men varslingsplikt), fritidsaktiviteter og skolefritidsordning.
Lovens utgangspunkt er at foreldrene fritt kan avtale om barnet skal bo fast hos den ene av dem eller hos begge (delt bosted). Delt bosted betyr at begge foreldre har bostedsansvar, og dermed må bli enige om avgjørelsene som ligger under “fast bosted”. Delt bosted betyr ikke at barnet oppholder seg like mye hos begge foreldre. Det er for eksempel mulig å bli enige om delt bosted, samtidig som tiden deles 60/40, eller at tiden deles 50/50, mens en har bostedsansvaret alene.
If the parents cannot agree, the court must initially decide that the child should live permanently with one of them. If there are special reasons, the court may decide on shared custody. The decisive factor is which solution is in the best interests of the child. When assessing what is best for the child, certain factors are typically given great weight: the child's emotional attachment to the parents, the parents' personal characteristics, the need for stability, the child's wishes, the risk of a change of environment, the need for the best possible overall parental contact, and the need to avoid separating siblings.
5.3. The child's voice and decision-making authority
The Children Act stipulates that children have the right to express their opinions, and that their opinions shall be given weight when decisions are made about matters affecting them personally. This includes parental responsibility, permanent residence, and visitation rights. The right to co-determination applies from the age of 7. For younger children, a specific assessment must be made, with the complexity of the decision, the child's age and the child's maturity being the key factors. The child's opinion shall in any case be given weight according to age and maturity. When the child reaches the age of 12, great weight shall be given to the child's opinion. This does not mean that the opinion of older children is always decisive – other considerations may carry more weight.
Children are also given the right to self-determination, which increases with age until the child reaches 18 years of age. Examples of self-determination that children can exercise from a fairly young age include choosing friends and clothing. Children who have reached the age of 15 decide for themselves on matters such as their choice of education and participation in associations. Other laws give children specific rights of self-determination before they reach the age of 18. These include the age of consent for health matters, which is 16.
6. Samværsrett (Barneloven kapittel 6, §§42-47)
The rules on visitation rights can be found in Chapter 6.
Visitation rights are a right both for the child and for a parent who does not live with the child to spend time together.
6.1 Obligations and rights
The person who has visitation rights is responsible for taking care of the child during visitation and has the right to make decisions concerning the child's direct care, such as the child's bedtime. A parent with visitation rights shall, as far as possible, be consulted before the other parent makes decisions that make it difficult to exercise visitation rights. Visiting parents who do not share parental responsibility must also be consulted if the decision could make visitation impossible or significantly more difficult.
All parents with visitation rights are entitled to receive notification from the parent with whom the child lives at least three months before the child moves. The notification requirement applies regardless of the distance of the move. For more information, see the article Notification requirement when moving with a child.
6.2 Extent of cohabitation
The parents are free to agree on the extent of contact. If the parents cannot agree, the court will determine the extent of contact after a specific assessment. The best interests of the child are decisive. Factors that are given particular weight are the best possible overall parental contact, the child's age, the child's attachment to the local environment, the travel distance between the parents, the child's own wishes, and the child's best interests in general.
Barneloven legger ikke nærmere føringer for samværsomfanget. Det beskriver et såkalt ”vanlig samvær” i loven, men dette er ikke et rettslig utgangspunkt. Det kreves ikke særlige grunner for mer eller mindre samvær. Se nærmere om begrepet “vanlig samvær” i artikkelen Hva betyr vanlig samvær?
If visitation is not in the best interests of the child, there shall be no visitation. Conditions may also be imposed on visitation, including that a third party must be present (supervised visitation). See the article Supervised visitation for more information.
6.3 Other persons' right to visitation, travel expenses
As long as both parents are alive, others cannot claim visitation rights with the child. If one or both parents are deceased, the court may decide that visitation with others should be allowed. Visitation rights may be granted to relatives and others who are closely connected to the child, such as the child's step-parent.
Travel expenses incurred during visitation shall, as a general rule, be shared between the parents. Travel expenses shall be shared according to a standard mathematical calculation based on the ratio between the parents' incomes. The parents are free to choose a different solution.
6.4 Right to information about the child
If the parent does not have parental responsibility, residence responsibility or visitation rights, they still have the right to obtain information about the child from the daycare center, school, health and social services, and the police. Visitation rights increase the need for information about the child, and it will probably take more to deny the right to information. Shared parental responsibility extends the right to information and access, see section 5.1 above.
7. Saksbehandlingsregler for saker om foreldreansvar, barnets faste bosted og samvær (Barneloven kapittel 7, §§ 48-65)
In Chapter 7, you will find all the procedural rules of the law for cases concerning parental responsibility, the child's permanent residence, and visitation rights.
7.1 The best interests of the child, the lawyer's responsibility, and mediation
A key rule in the handling of child cases is set out in Section 48 of the Children Act:
Decisions regarding parental responsibility, moving with the child out of the country, who the child should live with and visitation rights, and the handling of such matters, shall first and foremost be based on what is in the best interests of the child.
The provision establishes the best interests of the child as the guiding criterion for both the content of decisions and the handling of cases. "The best interests of the child" is a discretionary criterion that must be assessed holistically and specifically for each individual child in each individual case.
Lawyers must also consider the best interests of the child and should assess whether it is possible for the parties to reach an amicable solution.
Parents with children under the age of 16 must attend mediation before a case can be brought before the court. The mediation certificate is valid for six months. Mediation is also a requirement for obtaining a separation or divorce decree, and for cohabiting parents in the event of a break-up. In addition, mediation is mandatory if the parents disagree about whether a child should be moved.
It is not necessary to bring legal proceedings in order for an agreement on parental responsibility, permanent residence and access to become enforceable (see section 7.4 below for more information). If both parents agree, the agreement can be sent to the state administrator, who can determine its enforceability. Here too, a valid mediation certificate is required.
7.2 Legal proceedings before the district court
A case may be brought before the district court in the event of disagreement between the parents regarding parental responsibility, permanent residence, or visitation rights. A case regarding parental responsibility may also be brought if it is difficult to reach an agreement with a parent who does not live in the country and cannot be traced. In addition, a special case may be brought regarding moving out of the country with the child.
A common condition is a valid mediation certificate. This condition can only be waived in serious/special cases (for example, in cases of abuse of one's own children).
Foreligger det alt en dom, et rettsforlik eller en avtale med tvangskraft, må det foreligge særlige grunner for endring. Kravet om «særlege grunnar» kan ikke forstås som et strengt krav, men det bør vises til noe konkret. Typisk har det skjedd en faktisk endring siden sist, for eksempel at samværsforelderen har flyttet nærmere.
Both the summons and the response can be short and simple, and a form from domstol.no can be used. The names and addresses of the parents and children must be stated, along with what the parents disagree about, a brief explanation of why, and what the parent is asking the court to decide (the claim). The mediation certificate must be attached.
7.3 When the case has been brought before the court
As a general rule, the case shall be heard in the district court where the child has his or her permanent residence. The court shall give priority to such cases and begin proceedings as soon as the case is filed. The judge shall continuously assess the case and, if appropriate, facilitate a settlement.
At the request of one of the parties, the court may issue a temporary decision. Such decisions are valid for a specific period of time, or until a final decision becomes legally binding. If there are special reasons, the court may issue a temporary decision before the summons has been filed. For example, there may be a risk of violence against the child, meaning that there is no time to wait for a mediation certificate. At the same time, the court may prohibit the other parent from coming to places where the child is, such as home and school.
The court may choose whether to immediately set aside time for the main hearing, or whether to choose other measures provided for by law.
An important measure is preparatory meetings. As a general rule, the parties shall be summoned to one or more preparatory meetings. Many cases under the Children Act are resolved through mediation during preparatory meetings. The court may decide that an expert (psychologist) shall attend the meeting. The expert may also be asked to conduct some investigations before the meeting, such as talking to the parties and children.
Another relevant measure is to refer the parties to mediation outside of court, typically at the family welfare office.
Furthermore, the court may decide that an expert should conduct a more thorough investigation and assessment of issues in the case. This is closely linked to the court's responsibility to ensure that the case is sufficiently well-informed. The expert then submits a report to the court. The report must be quality assured by the Child Expert Commission. Another measure that follows from this responsibility is to obtain a statement from the child welfare services where relevant.
7.3 Cases concerning parental responsibility upon the death of a parent
There are special procedural rules for cases concerning parental responsibility where one or both parents with parental responsibility have died. The court has a duty to deal with such cases on its own initiative in certain situations, for example when the death means that no one has parental responsibility for the child.
7.4 Enforcement
Court settlements, temporary decisions, and judgments can be enforced. However, ordinary agreements between parents regarding their children are not enforceable. The exception is if the agreement has been sent to the state administrator, who has the power of enforcement, see above under section 7.1. Judgments must be final (the one-month appeal period has expired without appeal). Interim decisions may be enforced immediately, even if the decision is not final.
Provisions concerning parental responsibility and permanent residence may be enforced by means of collection or fines. The child may be collected by the bailiff or the parent with whom the child resides. Fines are collected by the tax authorities and paid into the state treasury. The district court decides which method to use, based on what is considered least stressful for the child.
Provisions regarding visitation rights can only be enforced by means of a fine. Normally, a standing fine is imposed for a specific period of time. An amount is set for each visit or each day of visitation that is not respected.
Foreligger det tvangsgrunnlag, skal ikke retten på nytt prøve spørsmålet om foreldreansvar, fast bosted eller samværsrett. Retten skal likevel ikke fastsette tvangsfullbyrdelse dersom oppfylling er umulig. Se nærmere om begrepet “umulig” i artiklene Avlysing av samvær og Samværssabotasje. Barnet skal også få mulighet til å si sin mening, og meningen skal tillegges vekt etter alder og modning. Fullbyrding skal ikke skje mot barnets vilje, med mindre det er nødvendig av hensyn til barnet.
The court may attempt to mediate between the parents before reaching its decision.
8. Forsørgerplikt/barnebidrag (Barneloven kapittel 8, §§ 66 til 80)
The rules regarding parents' maintenance obligation are set out in Chapter 8. The key rule is that parents must bear the costs of supporting their child. This also applies to parents without parental responsibility and without visitation rights. If both parents are deceased, the rules regarding maintenance obligation apply to others who have been granted parental responsibility.
If the child has his or her own funds, assets, and/or income, this will be taken into account when assessing the parents' obligation.
The distribution between the parents depends on the financial capacity of each of them. When the parents live together, this usually happens automatically. When the parents do not live together, one of them may be entitled to child support. A fixed cost model is used, and the costs are then distributed between the parents according to their income and financial situation. See the article for more details Maintenance obligation and child support. You can find NAV's child support calculator here: https://www.nav.no/barnebidrag#bidragskalkulator.
If the parents disagree about child support, each of them can request that NAV decide the matter. A previous agreement on child support does not preclude the right to request a decision, but the support amount can only be changed if the change is at least 12%.
The court may also decide the matter in certain cases, including in connection with a case concerning parental responsibility, permanent residence, or visitation rights.
9. Utenlandstilknytning (Barneloven kapittel 9, §§ 81 til 85)
Chapter 9 regulates the question of when Norwegian authorities can settle disputes that fall under the Children Act. The Nordic Convention on Family Law has some special rules that take precedence over the rules in this chapter.
Cases concerning parental responsibility, moving abroad, permanent residence or visitation rights may be brought before a Norwegian court if the child is habitually resident in Norway. Temporary decisions may be handled by a Norwegian court where the child is staying in Norway.
In cases concerning child support, the Norwegian authorities may, among other things, decide the matter if the plaintiff, defendant, or child is habitually resident in Norway.
When Norwegian authorities have decision-making authority, the case is also dealt with under Norwegian law.
10. Need help?
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