Relationship breakdown and parental mediation

After a separation where the parties have children together, the question of how to divide time with the children quickly arises. If the parents cannot agree, it may be necessary to take the matter to court. Previously, this was commonly referred to as a child custody case, but a more legal term is parental conflict, parental dispute, or parental responsibility case.

The first thing that usually happens after a breakup is that the parents try to discuss a custody arrangement for the children. If this is not possible, one or both parents will normally contact their own family lawyer.

In parallel with this, the parties will often meet for mediation at the local family welfare office, either on their own initiative or at the urging of their lawyers. Mediation is mandatory under the Children Act before a case can be brought regarding parental responsibility, residence, and visitation rights. Mediation is also mandatory under the Marriage Act before a divorce or separation is granted by the state administrator or the court if they have children under the age of 16.

From the parents' initial discussions about visitation arrangements to a possible final ruling, the best interests of the child must be the primary consideration. This applies both to the content of any agreements or court decisions and to the process itself until the case is concluded. From the age of 7, the child has the right to express their views and opinions on the case.

Parental dispute in court

If mediation is unsuccessful or the parties cannot reach a solution on their own, the next step is to seek the assistance of the courts. The court process begins when one of the parents files a petition. The petition must be sent to the district court where the child actually resides. The court will send the petition to the other parent, with a request to submit a response. The petition and response should briefly state the parents' factual and legal views on the case, i.e., how they believe parental responsibility and visitation should be divided between them and why.

Once the court has received both the petition and the response, it will summon the parents and their lawyers to a preparatory meeting.

Expert psychologist in child cases

At the same time as the court summons the parents to the preparatory meeting, in many cases the court will contact an expert psychologist. The expert is to participate in the preparatory meeting, but otherwise it is the judge in the case who decides how much the expert is to be involved. Often, the expert will have conducted interviews and meetings with the parents and children in advance, while in other cases the first meeting will be at the preparatory meeting. The expert's task is primarily to get to know the parents and the child, and in this way be able to give advice and recommendations to the parents and the judge in the case. The judge is not bound by the expert's conclusion, but in most cases the expert's recommendation will be given relatively great weight.

Preparatory meetings

It is a legal requirement that cases involving children and parental disputes are given priority by the courts in the best interests of the child. The first preparatory court hearing will therefore be held within a few weeks of the court receiving the response. The hearing is held in a courtroom at the court, but it is less formal than a normal court case. The judge may decide that there should be one or more preparatory hearings. The first hearing usually lasts longer than the subsequent ones, from three hours to a whole day.

The purpose of the preparatory meetings is to find out what the parents disagree about and how the case can best be resolved. The judge and the expert will examine whether it is possible for the parents to reach a solution and will attempt to mediate between the parties. The judge and the expert will remind the parties that the focus should be on the best interests of the child and will attempt to reduce the adult conflict between the parents.

Although preparatory meetings are the norm in parental disputes, the judge may refrain from summoning the parents to such meetings if there is reason to believe that the meetings will be futile, or if it is important for the child that the case be resolved quickly. This may be the case where there is abuse, neglect, substance abuse, or other serious circumstances that could harm the child.

Court case – main hearing

If the parents cannot reach agreement during the preparatory meetings, the judge will convene a main hearing. The case will continue to be given high priority, and there should not be a long delay between the last preparatory meeting and the main hearing. During the main hearing, the parents will explain their views on the case. If an expert psychologist has been involved, they will describe their observations and conversations with the parents. If there are other people who can help shed light on the case, they can explain themselves as witnesses.

Interim decisions, court settlements, and judgments

Until the parents have reached a solution, or the case is concluded by a court ruling, either parent may request that the court issue temporary decisions. This may be the case if one parent refuses to allow the other parent access to the child, or if one parent wishes to move out of the country with the child.

If the parents manage to agree on a solution regarding parental responsibility, residence, and visitation arrangements, a court settlement can be entered into. A court settlement is an agreement between the parents that has the same effect as a court ruling. This means that the parents must comply with the terms of the settlement, unless they both later agree on a different solution. The content of the settlement is decided by the parents, but the judge must ensure that the solution is in the best interests of the child.

If the parents are unable to reach a solution, the case will be concluded with a ruling. The ruling is normally ready within two weeks after the main hearing has been completed. The parents can accept the ruling or appeal it for a new hearing in the Court of Appeal. If both parents accept the judgment, it will be final. This means that the parents must comply with the arrangements specified in the judgment with regard to, for example, residence, visitation rights, and vacation arrangements. The judgment can only be overturned at a later date if there are special reasons that make it necessary for the case to be re-examined in court. This may be the case if one of the parents' ability to care for the child is seriously impaired or if the child is exposed to visitation sabotage.

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Do you have questions about parental responsibility or need assistance in a parental dispute? Our family law attorneys have extensive experience in assisting with parental disputes and will work to ensure that the case is resolved in the best interests of the child!