Major challenges for the pursuit of the child´s best interests in the legal system in Norway
Camilla Bernt
Determining custody and contact is primarily a matter of private law, and parents have full autonomy. There is a free mediation service available, but there is no administrative body with power to make decisions on custody and contact when parents are not able to agree, thus leaving the parents with a lawsuit as the only option in such cases.
Court fees and costs of legal representation must be carried by parties unless they qualify for legal aid. Consequently, in some cases children must live in an unresolved situation with highly escalated conflict, and sometimes with limited contact, against the will of both the child and the parent – sometimes even in violation of a prior judgement or judicial settlement. Child protection services traditionally do not intervene when the cause of concern is unresolved parental conflict or lack of contact. Consequently, some children must live in situations that are not in their best interest, without any solution in sight.