Joint parental responsibility – rules, rights, and decisions under the Children Act

Joint parental responsibility is currently the main rule for parents in Norway, regardless of the form of cohabitation. The Child Act's rules typically lead to the child's parents sharing responsibility. This applies especially when the parents live together, but also in many cases when the parents live separately – either as a result of the law's basis for children born after January 1, 2020, the rules on continued shared responsibility after separation, or through agreement or legal decision.

When parents live together

When parents live together, joint parental responsibility means that the obligations and rights arising from parental responsibility rest with both parents jointly. Section 30, first paragraph, of the Child Act states that if parents have joint parental responsibility, they must make decisions together.

Legally, the responsibility is vested in both parents with joint parental responsibility, regardless of how they choose to distribute it among themselves on a daily basis. The Child Act provides neither rules on the division of responsibility, nor on whether one can represent both, nor on how conflicts between the parents regarding the exercise of responsibility should be resolved. There are also no formal options for conflict resolution within the framework of joint parental responsibility, except that courts can decide on relocation out of the country.

When parents do not live together

The situation becomes more complicated when parents have joint parental responsibility but do not live together. The aim of joint parental responsibility in such cases is for both parents to be involved in making the important decisions concerning the child.

Even though parental responsibility is shared, the law is structured so that the rights and obligations stemming from Section 30 of the Child Act only fully apply as long as the person with parental responsibility also lives permanently with the child. This means that the content of parental responsibility becomes limited for the one who does not live with the child.

Three-way division of decision-making power

When parents have joint parental responsibility but do not live together, one can talk about a three-way division of decision-making power:

1. The largest and most important decisions must be made together by the parents

2. Significant aspects of care and major decisions about daily life rest with the parent the child lives with permanently

3. More day-to-day questions fall to the one who is with the child at any given time

Particular rights of the residential parent

Section 37 of the Child Act gives the residential parent the right to make decisions about "significant aspects of care for the child." This explicitly includes:

• The question of whether the child should be in daycare

• Where in the country the child should live

• Other major decisions about daily life

This is, according to preparatory works, related to the close connection such decisions have to the life and work situation of the parent living with the child. As examples of "major decisions about daily life," the preparatory works mention questions about leisure activities, such as the choice of type of activities in a sports club, after-school programs, and the like.

Domestic relocation and notification obligations

Moving to another place in the country is a question that can significantly impact the relationship between the child and the other parent. Nonetheless, this decision currently lies with the residential parent. This has been discussed several times, most recently in NOU 2020: 14 New Child Act, where the majority concluded that domestic relocation should fall under parental responsibility, thus requiring the consent of both parents.

Even though the residential parent can decide on relocation, there is a notification obligation. Since January 1, 2018, the person who wants to move must notify the other parent three months before the move. In addition, a mediation obligation has been introduced if the parents disagree about the move.

What requires the consent of both parents?

Decisions that still fall under joint parental responsibility, allowing the parent not living permanently with the child to participate in the decision, are only to a limited extent directly outlined in the Child Act. However, it can be inferred from Section 37 that the parent not living with the child has the right to participate in decisions that extend beyond significant aspects of care.

Examples of decisions requiring the consent of both parents with parental responsibility:

• Relocation out of the country

• Change of the child's name

• Issuance of a passport

• Consent to adoption

• Consent to marriage for children under 18 years

• Joining or leaving religious communities for children under 15 years

• More extensive and serious healthcare (with certain exceptions)

Particularly about healthcare

For medical treatment and examination, the starting point is that the parents with parental responsibility must consent to healthcare for children under 16 years. However, exceptions are made for:

• Healthcare considered part of the "daily and ordinary care for the child"

• Cases where qualified healthcare personnel believe the help is necessary to prevent harm to the child

In such cases, it is sufficient for one parent to consent, and there is no requirement that it must be the residential parent.

Handling disagreement

With joint parental responsibility, it is assumed that parents have a willingness to resolve issues and problems themselves. For most decisions, there are no formal conflict resolution mechanisms if the parents disagree.

However, there are some exceptions:

• Disagreement about relocation out of the country can be brought before the courts

• Disagreement about decisions falling under guardianship (financial matters) can be brought before the public guardian

• Disagreement about medical treatment can, in some cases, be resolved by healthcare personnel deeming the treatment necessary

Overall, joint parental responsibility places great demands on cooperation and communication between the parents, especially when they do not live together. The law provides guidelines for the distribution of decision-making power but largely assumes that the parents themselves find solutions in the child's best interest.