Child custody

Disputes concerning children differ significantly from other types of disputes and require particular experience and knowledge of children’s rights and what is in the best interests of the child.

These disputes are often referred to as child custody disputes, even though they generally concern three separate issues:

Custody
Residence
Visitation

A dispute may concern all three issues or be limited to only one or two of them. Proceedings begin through the submission of an application to the district court where the child is registered as resident. Before going to court, it is common for the parties to have attempted to reach an agreement through family counselling services or by other means.

In the district court, the matter is handled as a special type of civil case, and the parties are usually summoned to a preliminary hearing some time after the court has received the application. During this hearing, the case is reviewed and any interim requests are considered. The matter is then investigated further, usually through a custody, residence, and visitation investigation conducted by the social services authority. Once the investigation has been completed and submitted to both the court and the parties, the case is concluded through a main hearing where the parties present their final arguments. After the main hearing, the court issues its decision through a judgment. The district court’s judgment may be appealed to the Court of Appeal, although leave to appeal is required for the case to be heard there.

In many cases, it is in the best interests of the child and the parents’ future cooperation to avoid court proceedings and instead reach an agreement through a settlement. In such situations, mediation may help resolve conflicts that have arisen. There are, however, situations where this is not possible or appropriate and where the matter must proceed to court.

It is often difficult to represent yourself in a custody matter because it involves many considerations. With extensive experience in custody disputes both inside and outside the courtroom, as well as experience representing children in court, we can act as advisers or legal counsel for parents who are facing a dispute or are already involved in a dispute with the other parent. Our focus is on reaching a solution that is in the best interests of the child and sustainable for the parents in the long term.