Moving with children to Italy
Supreme Court judgment 26 June 2019, HR-2019-1230-A (case no. 19-009047SIV-HRET), civil case, appeal against judgment
A (Counsel Mette Renholt Ackenhausen) v. B (Counsel Leif Oscar Olsen)
Justices: Webster, Bull, Kallerud, Falch, Høgetveit Berg
A separated couple had joint care for two children aged six and five. The children lived permanently with their mother, who was from Italy, while the father had extensive access rights. The Supreme Court found in favour of the mother's claim to move to Italy with the children, see section 56 subsection 1 third sentence of the Children's Act. The starting point was that the ruling had to be based on which of the existing options would best secure the children's years of growth and development, after an individual assessment of all relevant aspects of the case. In the individual assessment, the Supreme Court found that the children would receive more robust care if they lived with their mother in Italy. Moving there would secure their years of growth and development. There was more uncertainty attached to the care situation if the mother and the children were to stay in Norway. Arrangements were also made to ensure that the children could maintain a good and strong contact with their father, also after moving to Italy.