norway child protection act

Both parents have a mutual obligation to contribute what is necessary, each according to his or her ability. Lawyers who handle cases under this chapter should consider the possibility of the parties arriving at an agreed solution. Which court deals with the caseThe action shall be brought in the child’s ordinary venue. The court shall as a general rule summon the parties to one or more preparatory meetings, among other things to clarify the points of dispute between them, to discuss the further handling of the case and to mediate between the parties, if relevant. Decisions in maintenance payment cases are enforceable by execution. If the non-custodial parent is receiving a support supplement from the Armed Forces in connection with undergoing basic military training or performing civilian service, or is entitled to another public benefit where child supplement is part of the benefit, the maintenance enforcement agency may, on its own initiative, determine the maintenance payment to the child for the period during which such a supplement is paid. The court may pronounce judgment without a main hearing provided that the parties consent to this and the court considers it appropriate. The court may make an interim decision pending a final decision of the case. Only persons of full age and legal capacity may give such consent. One of the ways to ensure this is by giving them quality education, the fourth of the United Nations Sustainable Development Goals, in addition to other child protection systems. If she too is deceased or resides outside the realm, the action shall be brought in the named father’s ordinary venue. Obtaining information from the National Population Register. They consist of services in each municipality, which are aided and supervised by different governmental bodies at the state as well as the county level. If paternity or co-maternity has been established and the parents are registered in the National Population Register at the same address in this country or declare in a notification to the National Population Register that they are cohabiting here, the population register shall record that the parents have joint parental responsibility. Maintenance paymentsWhere one or both of the parents do not have custody of the child, the parent concerned shall pay fixed contributions to the child’s maintenance and education. The parents have mutual responsibility for implementing the right of access. Responsibility of the authorities to establish paternity or co-maternityIf the child has neither a father nor a co-mother in accordance with the provisions of sections 3 and 4, the authorities shall be responsible for establishing who is the father or co-mother; see chapters 3 and 4. 1697a) Ireland. No one may waive the rights of the child pursuant to this paragraph. If no DNA analysis is available, or there is reason to believe that the DNA analysis is erroneous, or if close relatives also come forward as possible fathers, the provisions of the second and third paragraphs apply.If a man has had sexual intercourse with the mother during the period in which she may have conceived the child, he shall be adjudged to be the father unless it is improbable that he is the father.If the mother has had sexual intercourse with several men during the period in which she may have conceived the child, judgment on paternity shall nonetheless only be pronounced when it is substantially more probable that one of them is the father than any of the others.If the mother has undergone assisted fertilisation, and the husband or cohabitant has consented to this, he shall be adjudged to be the father unless it is improbable that the child was conceived by means of assisted fertilisation. Application for reimbursement of maintenance payments in the event of a contestation of paternity Any person who by order or agreement has paid child maintenance, and who is later granted a judgment of non-paternity of the child, may claim reimbursement of the amount thereof from the National Insurance Scheme. The fine shall accrue to the public treasury. The following sections within chapter 4 outline information about when a care order may be made, § 4-12, right of access to each other when a care order has been made, § 4-19, and placement and retention in an institution for youth with serious behavioural problems,§ 4-24. If the parents are not cohabiting, and the mother wants to have sole parental responsibility, she may notify the National Population Register accordingly within one year after paternity has been established. The court may always take a decision regarding access for the surviving parent. Right to be heard prior to a decision regarding the child’s futureAny person who has right of access to the child shall, as far as possible, be allowed to express an opinion before the parent who has parental responsibility takes decisions that will make it impossible or considerably more difficult to exercise right of access to the child. Section 19. Section 29. 30 Norwegian Children Act 1981, the concept includes both a duty to care for the child as well as a right to make decisions on behalf of the child. Service of summonsWhen summoning a person pursuant to section 181 of the Courts of Justice Act, the names of other parties shall only be made public when the court decides to do so for special reasons. The judge may interview the child; see section 31. Application of the Act to children born before the Act came into forceThe Act also applies to children who were born before the Act entered into force. This helps to ensure that children and youth grow up in a secure environment. The municipal child welfare services shall appoint the persons who are to perform supervision and follow up cases involving protected supervision orders. Application for reimbursement of maintenance payments in the event of a contestation of paternity Any person who by order or agreement has paid child maintenance, and who is later granted a judgment of non-paternity of the child, may claim reimbursement of the amount thereof from the National Insurance Scheme. The Ministry may in regulations issue supplementary provisions concerning implementation of the provisions of the fifth paragraph. Any person wanting to have parental responsibility may apply for such a judgment to the court at the child’s place of residence. Section 31. The first paragraph, third and fourth sentences, shall apply correspondingly to such consent. The Ministry may in regulations issue supplementary provisions concerning procurement and use of such material. A claim for extraordinary payments must be filed within one year after the special expenses were incurred. This includes reaching children who are especially vulnerable to these threats, such as those living without family care, on the streets or … Section 47. ImplementationThe King may prescribe the regulations necessary for implementation of this Act. The surviving parent and other persons may on the same conditions bring an action for amendment of an interim decision pursuant to section 64 b. Section 77. A child may not have both a father and a co-mother. Chapter 9. 19.6 Protection from dismissal following birth or adoption of a child An employee, who is pregnant may not be dismissed on the grounds of pregnancy, see the Working Environment Act Section 15-9 (1). The provisions of section 15, second paragraph, shall apply correspondingly. These persons have the right and the duty to take decisions for the child in personal matters within the limits set by sections 31 to 33. If the parents agree, the question of travel costs may be decided by the County Governor instead. If the child has reached the age of 15, the guardian may not bring a case without the child’s consent. The UN Convention on the Rights of the Child 1989 (CRC) is incorporated in Norwegian law by the Human Rights Act. The same may be established in an agreement with a foreign state. Agreements concerning parental responsibility which are not notified to the National Population Register are not valid. This shall also apply when the father does not want to have joint parental responsibility. Section 53. Notification of birth Section 1. The court may make an interim decision pursuant to section 60. 100 relating to Child Welfare Services, the decision-making body may on its own initiative make an overall pro-rata determination of the child maintenance payment. The parents have an obligation to inform the agency that is to determine the maintenance payment of their employment, educational qualifications, income and assets, and of any other factors that may have relevance for determination of the maintenance payment. Section 84 b. If maintenance payments that have been paid are reduced pursuant to section 74 or section 76, the non-custodial parent may demand that the Collection Agency of the Norwegian Labour and Welfare Administration for maintenance payments reduce the mandatory deduction in his or her wages, etc., in such manner and for such instalments as are deemed reasonable by the agency. An interim decision pursuant to section 60 is enforceable even if the decision is not legally enforceable. Conditions for pronouncing judgment in paternity casesIf a man is identified as the father on the basis of a DNA analysis, he shall be adjudged to be the father. there is reason to believe that incorrect information as to who the father is has been provided in order to obtain Norwegian citizenship for the child. The court may also ask the expert to interview the parents and the children, and to make enquiries in order to clarify the facts of the case unless the parents object to this. 64), Chapter 2. Chapter 3. The maintenance payment shall be adjusted each year on the basis of the change in the consumer price index for the month of January compared with the index at the time of the previous adjustment. A man on whom is imposed  an obligation of maintenance, but not paternity, may claim reimbursement of the money from the National Insurance Scheme if a DNA analysis proves that he could not be the father of the child. The right of appeal shall not apply to decisions that apply only to adjustment of maintenance payments upon transition to a new age group pursuant to section 71, second paragraph. It provides an overview of legislative amendments that the CRC has catalysed and cases in the Norwegian Supreme Court in which the CRC has been invoked. Enforceable decisions or agreements regarding access may only be enforced by means of a coercive fine. The surviving parent and other persons may claim parental responsibility pursuant to the provisions of sections 64 to 64 d. Section 39. This applies in all types of cases where at least one claim is made for initial determination, an appeal or a modification, or where the maintenance enforcement agency may raise a claim on its own initiative. Section 80. Parts of the rulings contained in the Norwegian Litigation Act (In Norwegian - tvisteloven) and in the Courts of Law Act (In Norwegian - domstolloven) apply to the boards. Section 43. Section 30 a. Scope and relationship to general rules of legal procedureThe provisions of this chapter shall apply to cases brought before the courts concerning kinship in a direct line of ascent or descent (kinship case), other than paternity. A parent may also bring an action for parental responsibility when it is impossible to reach an agreement because the other parent does not reside in the country and he or she cannot be traced. ures for strengthening the legal protection of children. Chapter 1 provides the national context, with information on Norway's demography, welfare state, education policies and key reforms. family services and child protection: the Finnish experiences Professor Tarja Pösö School of Social Sciences and Humanities University of Tampere, Finland tarja.poso@uta.fi Child protection in the Nordic countries The first Child Welfare Act in the world was introduced in Norway in 1896 (Dahl 1985) The Collection Agency shall verify that the conditions for enforcement of maintenance under the agreement pursuant to Norwegian provisions are met. If the parents have joint parental responsibility, the court may by order prohibit the child's travel abroad if it is uncertain that the child will return. Chapter 5. The acknowledgement of service shall state the points on which there is disagreement and briefly set out the defendant’s view of the matter. The court determines the duties of the expert after the parties have been given the opportunity to make a statement.2. The second paragraph shall apply correspondingly. The Ministry may in regulations issue supplementary provisions concerning an overall pro-rata determination of maintenance payments. The rule applies regardless of whether the non-custodial parent has children with the same custodial parent or several custodial parents. If one of the parties dies after judgment is pronounced, such persons as referred to in the first sentence, the estate of the deceased or heirs may, if the judgment affects their interests, appeal or apply for reopening of the case. The provisions of the first and second paragraphs shall not apply unless otherwise provided by a treaty with another state. The parents may be ordered to pay extraordinary payments for special expenses as long as their obligation of maintenance exists. When treaties with foreign states pursuant to section 85, second paragraph, of this Act or to section 2 of the Act on Recovery of Maintenance Contributions contain provisions on the exchange of information, the Norwegian Labour and Welfare Service may, notwithstanding the duty of confidentiality, give other Contracting States information regarding the identity, address or income and assets of the parties to a maintenance case, if relevant after the information has been collected pursuant to section 70, seventh paragraph of this Act or to chapter 3 of the Act on Recovery of Maintenance Contributions. Section 84. Cohabiting couples with children of the relationship under the age of 16 shall, in the event of a breakdown of the relationship, attend mediation. The purpose of the Child Welfare Act (In Norwegian Barnevernloven) is to assure that children and youth living in conditions which may be detrimental to their health and development receive the necessary help and care, at the right time. The function of the County Social Welfare Boards (Boards) in child welfare cases is limited to the Child Welfare Act concerning compulsory measures. This applies if the maintenance enforcement agency deems it clear that the conditions for doing so are met. If the parent who has parental responsibility or custody of the child prevents a right of access from being exercised, the parent who has right of access may request a new decision as to who is to have parental responsibility or custody of the child; see section 63. The child’s right to make his or her own decisionsParents shall steadily extend the child’s right to make his or her own decisions as he or she gets older and until he or she reaches the age of 18. When paternity or co-maternity may be established in NorwayPaternity and co-maternity may be established in Norway pursuant to section 4, section 7 and chapters 3 and 4a) if the mother was habitually resident in Norway when the child was bornb) if the child has later acquired habitual residence in Norway, orc) if the named father or co-mother is habitually resident in Norway. Special rules for appeal casesAll parties to the case in the court of first instance shall also be parties to the appeal. 62 on Family Counselling Offices apply correspondingly. Collection shall only take place at the request of the parent person with the right of access to the child. If the person declaring paternity is under the age of 18, those who have parental responsibility for him must also sign the declaration. If one of the parents has sole parental responsibility, that parent shall give the other parent information about the child upon request. When the lawyer or the representative is present at the court hearing, he may question the parties and witnesses.6. Section 61 a. This report is organised in three chapters. 09.01.2017: Better mental healthcare for children in the child welfare system 89 Official Norwegian Reports 2016:16 90 Children are defined as Parents who separate or divorce may agree to have joint parental responsibility or that one of them shall have sole parental responsibility. Actions regarding international relocation with the child may be brought by a parent with parental responsibility or by a parent who is claiming parental responsibility concurrently. Section 85 a. How the maintenance payment is determinedThe parents may make an agreement regarding child maintenance payments. As regards the right to take decisions on behalf of the child in financial matters, the provisions of the Guardianship Act shall apply.

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