Request for revocation of a care order is to be considered although it is not clear where the child will live.
Supreme Court judgment 1 December 2021, HR-2021-2353-A, (case no. 21-129102SIV-HRET), civil case, appeal against judgment.
X municipality (Counsel Frode Lauareid) v. A (Counsel Sveinung Eliassen), B (Counsel Trond Pedersen Biti)
Justices: Skoghøy, Matheson, Kallerud, Falch, Sæther
The father of a child in the care of the Child Welfare Service, demanded the child returned to him, see section 4-21 of the Child Welfare Act. The County Board rejected the claim because it was unclear which of the parents the child would live with if the care order was revoked. The Supreme Court assumed that both parents had full parental responsibility under section 30 of the Children Act as long as the issue was not decided by agreement or judgment, and found like the previous instances that both parents would then also have the right to have their claim for a revocation of the care order heard. It was also stated that a revocation of the care order is less likely if the parents have not clarified where the child is to live after a possible return. The case was referred to the County Social Welfare Board.