A coercive fine may be imposed to ensure access between parents and children

Following the breakdown of a relationship, a father obtained a court ruling granting him access to his two children. The ruling provided for a phased reintroduction, beginning with supervised contact before progressing to ordinary arrangements. However, many contact sessions did not take place, leading the father to request that the mother be fined for non-compliance.

The District Court imposed a coercive fine on the mother, but the Court of Appeal reached the opposite conclusion, arguing that the initial supervised phase had not been completed.

As opposed to the Court of Appeal, the Supreme Court concluded that a coercive fine may still be imposed, even if the phased reintroduction plan has not been followed. The Court of Appeal’s order was set aside. 

The Supreme Court noted that the purpose of section 65 of the Children Act is to ensure that access arrangements established in the best interests of the child are complied with. To that end, the conclusion of ruling must be read in conjunction with the reasoning and interpreted accordingly. Provided the nature and scope of access remain unchanged, the courts retain a degree of flexibility to determine practical arrangements that serve the child’s best interests, even where the original phased plan has not been followed. The Supreme Court further noted that such an approach is consistent with Article 104 of the Constitution, which prioritises the child’s best interests, and supports international conventions by preventing one parent from obstructing enforcement.

This ruling provides guidance on the interpretation of section 65 of the Children Act and the possibility to impose a coercive fine on a parent who obstructs access.

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

Area of law: Barnerett. Barneloven § 65

Key paragraphs: 39, 49

Justices: Webster, Bull, Østenensen Berglund, Thyness, Lund