Parental agreements and disputes. Immigration law

A parent with sole parental responsibility may decide that the child is to move abroad.

Moving

The provisions concerning moving, etc. are laid down in sections 40, 41 and 42 of the Children Act.

A parent with sole parental responsibility may decide that the child is to move abroad. This parent may also decide that the child is to live abroad for a period, and also make decisions concerning longer and shorter trips abroad.

In cases of joint parental responsibility, both parents must consent to the child moving abroad. The child must not be moved abroad in cases where the parents disagree on parental responsibility or permanent residence. In cases of joint parental responsibility, only short trips abroad may be made without both parents’ consent. The provisions of the Children Act concerning notification prior to moving also apply to moving to other countries.

Children in immigration cases

The Ministry of Justice and Public Security has the overall responsibility for legislation concerning refugees and immigration. This includes cases concerning or affecting children. The principle of the best interests of the child is safeguarded in immigration legislation, and must be paid regard to when processing cases concerning children. Individual cases are dealt with by the Norwegian Directorate of Immigration (UDI) and the Immigration Appeals Board (UNE) which lie under the Ministry of Justice and Public Security.

The provisions concerning when Norwegian courts may consider disputes concerning parental responsibility, permanent residence and contact arrangements are discussed here – jurisdiction (competence), choice of law, recognition and enforcement***Hva betyr "er omtalt her"?.