DIVORCE: CHILD CARE - LAW IN NORWAY.
Divorce presents many practical challenges. This applies both to custody of children, the division of joint property, as well as the fulfillment of all formalities related to the separation. This article is devoted to the issue of childcare, and all issues related to the division of property will be discussed in the following entries.
The date of the end of the marriage is the moment when one of the parties decides to move out. In such circumstances, a separation occurs, which must be reported to Fylkesmannen immediately. The link below contains all the necessary information as well as the forms necessary for separation matters. It is worth remembering that certain formalities must also be completed after a year of separation, when the parties decide to divorce.ra all information and forms required both by the separation and a year later by the divorce.
BARNEFORDELING - DIVISION OF CHILD CARE
If parents have children under the age of 16, they are obliged to report to mediation at the Family Protection Office competent for the place of residence (nor. Familievernkontor). Such a meeting should result in the issuance of a certificate of past family mediation (nor. Meklingsateest).
DIVORCE: CHILD CARE - LAW IN NORWAY
However, if the parents do not agree to signing a mediation contract, the next necessary step will be to include a lawyer in the case. According to the standard procedure, he contacts the other parent with a proposal for a solution, also attempts to dialogue and submits proposals for an amicable settlement of the custody dispute. If both parties are still unable to reach an agreement on this issue, the case goes to court.
It is worth knowing that the possibility of an amicable solution to a case concerns every issue. There are no restrictions, but the basic principle is to care for the well-being of the child. In order to understand Norwegian rules on childcare, it becomes essential to understand the following definitions:
Foreldreansvar - Parental Responsibility
Fast bosted - Permanent residence
Delt bosted - 50-50 residence
Daglig omsorg - Daily care
Samværsrett - The Law of Sight
Parental responsibility
Parental responsibility begins automatically when the parents are or have been married. It will not be lifted even in the event of a divorce. Parental responsibility is waived only as a result of a court judgment. It is worth knowing that this applies to exceptional situations that justify, among others, the following circumstances: risk of taking the child abroad, mental illness, level of conflict between the parent and the child, etc.
Fast boosted
The term "habitual residence of the child" refers to the place where the child lives with one of the parents.
Shared residence
This term denotes the complete freedom of parents to make decisions about their place of residence. They can also agree to a situation in which the child will live in both houses.
Daily care
This term denotes the parent with whom the child lives permanently.
Samværsrett
This term defines a situation in which the possibilities of meeting a parent with a child have been legally limited. In this case, the parent cannot spend time with the child on a daily basis, and the right to contact between them is not restricted.
COSTS
The formalities related to separation or divorce proceedings in Norway cost nothing. Fees may, however, be charged as a result of the legal aid provided, and this is necessary when the parents are unable to solve the problems related to the provision of childcare, their place of residence, etc.
It is worth noting that parents can obtain free legal assistance. However, their income cannot exceed 20.000 kr gross per month, and the balance on the account cannot be higher than 100.000 kr. If one of these criteria is not met, the state may decide that the person can afford all necessary fees.
People who do not qualify for free legal aid must take into account expenses. Cost of legal proceedings in Norway in the case of separation or divorce may range from 50.000 to 100.000 crowns.
If you need legal assistance in specific matters, please contact us a Polish-speaking lawyer from a law firm for Poles in Norway, Rettshjelp Bulut & Co AS., who received her education in Norway. Larysa Kaliuta is available via: e-mail: [email protected] or tel. 46232626.
Read our next article: Separation in Norway