Grandparents' rights of access under the Child Welfare Act
Supreme Court judgment 1 July 2021, HR-2021-1437-A, (case no. 21-016374SIV-HRET), civil case, appeal against judgment.
A (Counsel Harald Grape) v. X municipality (Counsel Frode Lauareid), B, C
(Counsel Halvard Helle)
Justices: Matningsdal, Falkanger, Kallerud, Ringnes og Høgetveit Berg
A maternal grandmother had claimed access to a grandchild who was in public care and placed in a foster home, see section 4-19 subsection 4 (b) of the Child Welfare Act. The parents' access was stipulated to six annual visits of three hours each. The Supreme Court found, in the light of recent development of the law, that a previous ruling from 2015 stating that contact visits of two or three hours four times a year was not considered "very limited" could not be upheld, and that contact visits six times a year had to be considered "very limited". Key in this regard had to be the frequency of the visits. The child's maternal grandmother therefore had party rights, which meant she could demand that the County Social Welfare Board consider her claim for access.