Family and Children

When child welfare services assume custody of a child, important questions arise regarding contact between the child and the parents. Visitation rights represent a complex legal area that balances the child's right to protection against the inviolability of family ties. This article explores the legal foundation for visitation rights, rooted in both Norwegian child welfare law and international human rights conventions. We examine how visitation is determined concretely in each case, without standard norms, and how the goal of reunification influences the extent of visitation. The article also highlights when visitation can be significantly limited or denied, the conditions for supervision during visitation, and the right to contact with siblings and other close relatives. Through rulings from the Supreme Court and the European Court of Human Rights, Norwegian practice has undergone significant changes in recent years—from template-based solutions to individualized assessments that better address the situation and needs of each individual child.

When child welfare services assume custody of a child, it represents both an intervention in family life and a protection of the child's right to care. This article explores the legal conditions for the assumption of custody, what happens to the responsibility for the child, and when the child may move back home. From the requirement that "the situation must be relatively clearly unsustainable" to the goal of reunification with the family – here you gain insight into the legal framework designed to ensure the child's best interest in some of life's most challenging situations.

When children find themselves in situations that require immediate protection, child welfare authorities have several emergency measures at their disposal. The article reviews the four main types of emergency measures: immediate assistance when children lack care, emergency care orders when there is a risk of significant harm to the child, temporary relocation prohibition when moving may harm the child, and emergency placement in institutions for severe behavioral problems or human trafficking. Each measure has different conditions, decision-making authority, and duration. They represent a balance between the need for swift intervention and the consideration of legal rights, and their use has significantly decreased in recent years. In 2021, 694 children were placed in emergency care outside the home, most often due to parental substance abuse, mental illness, or suspicion of violence.

Support measures constitute the bulk of child welfare services, accounting for nearly 83 percent of all initiated measures. The article reviews the various types of support measures that child welfare can offer, both voluntary and mandatory. Voluntary support measures at home are implemented when the child, due to their care situation or behavior, has a particular need for help. These measures can include a range from advice and guidance to financial support and respite care. In special cases, child welfare may also offer voluntary placement outside the home. In the absence of consent, the Child Welfare and Health Committee can impose support measures, including care-altering measures, daycare services, and control measures. Child welfare also has the authority to ensure necessary medical treatment and education for children with special needs, as well as to provide follow-up for youths over the age of 18.