Request for invalidation of care order and determination of extent of access

Supreme Court judgment 28 October 2020, HR-2020-2081-A, (case no. 20-000266SIV-HRET), civil case, appeal against judgment. 

A (Counsel Sveinung Eliassen) v. X municipality (Counsel Frode Lauareid)

Justices: Matningsdal, Matheson, Bull, Arntzen, Bergh

The County Social Welfare Board had decided to take over the care of a child born in 2016. Due to a serious heart condition, the child had special care needs, which demanded a lot from her care persons. The Supreme Court found it clear that the child's mother was unable to maintain the child's fundamental care needs, also with extensive assistance measures. It was thus "highly probable that the child's health or development [might] be seriously harmed", see section 4-12 subsection 1 (d) of the Child Welfare Act, if the care order was revoked. The care order, which had been affirmed by the District Court and the Court of Appeal, was therefore upheld. The extent of access determined by the Court of Appeal, with two contact visits six times a year, was continued. The appeal against the Court of Appeal's judgment was dismissed.

Read the whole judgment (Norwegian only)

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