Child welfare - contact rights
Supreme Court judgment 2 March 2021, HR-2021-476-A, (case no. 20-138877SIV-HRET), civil case, appeal against judgment.
A (Counsel John Christian Elden) v. X municipality (Counsel Stig Ravnestad)
Justices: Skoghøy, Noer, Ringnes, Østensen Berglund, Steinsvik
The care of four children between the ages of five and ten was taken over in September 2018, after a long period of contact with the child welfare services. The family was originally from Africa, and the children's mother had travelled back to their country of origin in 2017. The Supreme Court allowed the father to have contact with the two youngest children six times per year – four hours, four times per year and two hours, two times per year respectively – and with the two eldest four times per year, four hours each time, see section 4-19 of the Child Welfare Act. The ruling was based on the legal starting points outlined in HR-2021-474-A and HR-2021-475-A. The extent of contact had to be determined with the aim of family reunification in the long term. It was also mentioned that the two eldest children had been diagnosed with PTSD, and were thus vulnerable with a particular need of calm and stability. The two youngest children were also vulnerable. It was emphasised that the father displays a lack of understanding of the children's longing for their mother. He speaks Norwegian poorly and has opposed guidance. On the other hand, the children love their father, and he shows affection towards them. It was also stated that it must be a goal for all the children that the contact is further extended, provided that this is in their best interests, and that the father shows the will and capacity to improve the quality of the contact sessions.