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When parents disagree: the case in court
Draft, translated: translated from the Norwegian original with the help of a language model, and may contain errors. The Norwegian version is the authoritative one. See the Norwegian original →
If mediation does not succeed, one of the parents can bring the case before the court. How a parental dispute case works, and what the court gives weight to.
Norwegian original last checked against official sources: 21 September 2026. Rules and figures change, so always check the official site before you act.
If you do not agree through mediation, one of the parents can bring the case about parental responsibility, primary residence or contact before the district court (tingretten). This is called a parental dispute case.
Before the case can be brought
You must have completed mediation and have a valid mediation certificate. See Mediation after separation.
What does the court give weight to?
Two principles are central throughout the case:
- The best interests of the child must be the decisive consideration in agreements and decisions about primary residence and contact.
- The child's view must be given weight, in line with the child's age and maturity.
The court considers, among other things, what the child says, how contact with each parent works, stability in the child's environment, and the emotional attachment to each parent.
How does the case proceed?
During the case the judge must consider whether a settlement is possible, and facilitate one. The court can also send the parties back to the family counselling office for a new mediation attempt. An expert, often a psychologist, is frequently appointed to assist the court with professional assessments of what is best for the child.
Contact can be restricted
The court can set conditions for contact, for example supervision, or in some cases refuse contact entirely, if it is not in the child's best interests. Requirements may also be imposed, such as participation in substance abuse treatment or anger management courses, depending on the case.
What can you do?
- Speak to a lawyer early. See Free legal aid to find out whether you may be entitled to it.
- Write down events, agreements and communication with dates, throughout the process.
- Remember that the case is about the child, not about "winning" over the other parent. The court gives weight to who actually contributes to good cooperation.
Tip: A case in court takes time and is demanding for the whole family. See whether the family counselling office can help you further before or during the process.
Sources
Kontaktpunkt24 gives general information, not legal advice. If you need help with your own case, contact a lawyer, a legal aid service, or the relevant authority.
This page is translated from Norwegian with the help of a language model, and may contain errors. The Norwegian version is always the authoritative one.