A father banned by a sports club from the children's training facilities, may not bring legal action
Supreme Court order 24 March 2021, HR-2021-639-A, (case no. 20-145266SIV-HRET), civil case, appeal against order.
A (Counsel Per Ove Marthinsen) v. X (Counsel Bjørn Thomas Talén)
Justices: Indreberg, Kallerud, Arntzen, Østensen Berglund, Steinsvik
A sports club had decided to exclude a father from events and training arranged by the club. He had three daughters who were active in the club. The reason for the exclusion was loud and violent behaviour towards the children's' mother on one occasion when they were both present during training, and his recurring presence at the training facility despite being told that he was not wanted. The Supreme Court found like the Court of Appeal that the action he had brought against the club claiming that the exclusion was invalid, was inadmissible under section 1-3 of the Dispute Act. The Supreme Court's majority of four justices found that the measure was relatively non-intrusive, and that it did not significantly limit his opportunity to follow up his children. There were no flaws in the procedure or errors in the decision-making basis that could justify a court hearing. Nor did it raise any due process questions that would render it admissible. It was also emphasised that the dispute naturally belonged to the separate bodies of sports clubs. The fact that no appeal system existed, was not decisive. The appeal against the Court of Appeal's order was dismissed. Dissent 4-1.