Contact arrangements

As parents, it is essential that your child is doing well. That is why it is important to have a skilled lawyer when it comes to contact arrangements concerning children.

At KROMANN Law Firm, we have 20 years of experience in cases involving parental responsibility, residence, and contact arrangements. We have some of the country’s leading lawyers in this field.

We help parents obtain more contact with their children. We also assist in limiting a child’s contact with the other parent if this is in the child’s best interests.

WHAT IS DECISIVE IN A CONTACT CASE?

The most important factor in contact cases is the child’s best interests. Previously, this was referred to as “the welfare of the child”.

As a general rule, a child has the right to contact with both parents. However, this principle may be deviated from in certain cases if contact with one parent is not in the child’s best interests. This may be the case, for example, if a parent is violent, including psychologically violent.

At KROMANN Law Firm, we know exactly what is given weight in contact cases. It is therefore a good idea to contact us as soon as the case is initiated at the Agency of Family Law. We can also assist if the case later proceeds to court. We fight to achieve the best possible outcome for you and your child.

CAN A CHILD DECIDE WHERE THEY WANT TO LIVE?

In a case, the child’s own views regarding residence and contact are taken into account. A child generally has the right to be heard in cases concerning parental responsibility, residence, and contact. However, the child does not have the right to decide; the decisive factor is always the child’s best interests.

A child will be invited to a child interview at the Agency of Family Law (Familieretshuset) from around the age of 6–7. During the interview, the child will be asked about their relationship with their parents: What is it like living with your mother? What do you do at your father’s house? etc.

Some children may find it difficult to understand the consequences of what they say during such interviews. This is especially true because children may feel caught in the conflict between their parents.

The child’s age is also very important in determining how much weight their statements are given. Generally, more weight is given to what a 16-year-old says than what a 7-year-old says. This means that older children can, to a large extent, influence how much contact they want and where they should live.

If the child is under 6–7 years old, statements will instead be obtained from the child’s nursery or kindergarten to clarify the child’s situation. For school-aged children, statements are also obtained from the child’s school.

HOW DOES A CONTACT CASE PROCEED?

A contact case begins when an application for contact is submitted to the Agency of Family Law.

The Agency of Family Law will then invite the parents to a meeting where they discuss their wishes regarding contact. It is not mandatory to have a lawyer present at the meeting, but it is recommended to involve a lawyer from the beginning of the case.

If the parents cannot reach an agreement at the meeting, the Agency of Family Law may make a decision regarding contact. However, if the decision involves significant changes in contact arrangements, or if there are also issues concerning residence and/or parental responsibility, the Agency of Family Law cannot decide the case and will refer it to the family court.

In family court proceedings, it is strongly recommended to have legal representation. You may apply for legal aid once the case is before the family court. Legal aid means that you do not have to pay for legal representation yourself.

If you do not agree with the family court’s decision regarding contact, you may appeal the case to the High Court and, under certain circumstances, further to the Supreme Court. KROMANN Law Firm has rights of audience before the Supreme Court, and we can take your case all the way to the highest level.

WHEN PARENTS AGREE ON CONTACT

Sometimes parents agree on how much contact there should be.

It is always recommended that you prepare a written contact agreement when determining arrangements for your children. This creates clear guidelines and helps avoid future disputes.

It is advisable to contact a lawyer to prepare a contact agreement.

A lawyer can ensure that all relevant matters are included in the agreement, such as:

• Holiday contact
• Transport to and from contact
• Cancellation of contact, etc.

A lawyer can also ensure that the agreement is enforceable. This means that if the other parent does not hand over the child for contact, you can seek enforcement through the courts by initiating enforcement proceedings.

Our lawyers are happy to assist in preparing a written contact agreement.

COMPENSATORY CONTACT

If the custodial parent cancels contact, the other parent is entitled to compensatory contact the following week, in the same extent and duration as the cancelled contact.

For example, if a weekend visit is cancelled, the other parent is entitled to contact the following weekend instead.

If your contact with your child is cancelled, you are therefore entitled to compensatory contact the following week, provided you request it in writing shortly after the cancellation.

If you experience problems with non-compliance regarding contact arrangements, you can contact KROMANN Law Firm, and we will help ensure that your child is handed over as agreed.

SUPERVISED CONTACT

Supervised contact means that the child’s contact with a parent takes place at the Agency of Family Law. The supervised contact is conducted with the presence of a child specialist.

Supervised contact is ordered in situations where it is considered that no other alternatives exist for arranging contact between the child and the parent with whom the child does not live.

Both parents receive a decision from the Agency of Family Law explaining why supervised contact has been ordered. The agency usually invites the parents to a meeting before supervised contact begins. At the meeting, the child specialist explains how the contact will take place, and the parents can view the facilities.

The child specialist present during the contact has no influence on the decision regarding supervised contact or on the case handling. Their role is solely to ensure that the contact takes place on the child’s terms and that the framework is respected.

The child specialist prepares a report on the proceedings. This report may be significant if the issue of contact is later decided permanently.

As your lawyer in a supervised contact case, we can, for example, assist you in appealing a decision regarding supervised contact. We can also provide guidance on how you should behave during supervised contact.