Access changed from protected to supported supervision

A mother and father had two children during a turbulent relationship. There were several concerns regarding the children's situation. After the relationship ended, there was a dispute between the parents about permanent residence, parental responsibility and access. The District Court and the Court of Appeal found that the children should have permanent residence with the father, and that he should have sole parental responsibility. The mother was granted 16 hours of access per year with supervised visitation. In the Supreme Court, the case was limited to whether visitation should take place with protected or supported supervision, and to the extent of the mother's access.

The Supreme Court decided that access should be set to 32 hours per year with supported supervision. Supported supervision is less extensive than protected supervision.

Protected supervision is particularly relevant where there are issues related to violence, substance abuse or mental disorders. In this case, where the main problem was a particularly high level of conflict between the parents and the mother involving the children in the conflict, the Supreme Court found that supported supervision was sufficient.

The ruling provides guidance on the use of protected and supported supervision during visitation. 

Read the judgment from the Supreme Court (Norwegian only) (PDF)

Area of law: Chilren law. Section 43 a subsection 1 of the Children Act.

Key paragraphs: 43–45, 49, 63–64

Justices: Matheson, Falkanger, Ringnes, Sivertsen, Lund