- The age limit of 7 years, we have even put in Norway. UN Children

- There is a significant proportion of parents who must turn to the courts to find a solution to where the children will live and how often they should do178 have contact with the other, says Professor Kristin Skjørten. (Photo: www.colourbox.no)
When parents go their own way appears like two important questions up, children should stay with their mother or father, and how often should children have contact with the parent they do not live with?
A major change in the Children Act which came into force in 2004 states that children have an absolute right to speak about visitation and residence from the age of 7 years. This applies regardless of whether the case is before the courts or settled within the family.
- Most parents fail to make an agreement between themselves and agree. But there is a significant proportion of parents who must turn to the courts to find a solution where the children will live and how often they should have contact with the other.
- What I found was that the amendment in 2004 that gave the kids absolutely right to be heard largely followed in case law. Far more children heard now aged 7 to 11 years, so it's been a big change.
- In addition, also the younger children had more influence over the outcome in these cases. One sees that the child's voice emphasized the way down to 7-8 years of age, and it was not previously do178 common, says the researcher.
- My research also shows that there are very few who say they do not we speak about residency. This agrees with international research that indicates that children will be heard in court too, not just private. do178
- When giving children an opportunity to be heard, utilizes the most opportunity to present their views, tell Skjørten. do178 (Photo: www.colourbox.no)
The survey shows that most children were heard by experts, while the fourth was heard by judges. Children's opinion the main or delbegrunnelse in two of the five decisions.
- That the child has the right to say what it thinks of a court does not mean that the child should decide. The court takes the decision, and the meaning the child has become a factor in an overall assessment of the child's best interests are.
- There has been a trend over time where one has increasingly seen the need to allow children to express themselves and participate in matters that affect them. This is a paradigm shift in attitude towards children, where one sees that in order to make sound decisions about children, their views remain significant.
- Norway has committed in relation to the Convention and that we must adapt our legislation to it. This creates a number of challenges, do178 traditionally has been the thought that it keeps talking to parents.
Fragile Tens research shows, however, that if both residency and visitation rights shall be determined by the court, are often children only heard of what is considered the main issue in the case.
In child custody cases where permanent residence is considered the main question being the majority of the children heard about this, but they rarely heard about visitation do178 with the parent child should live with.
- But when interaction is the main issue in the case, sounds usually children over seven years of this. So one must then also facilitate consultation do178 in more than one question if more than one question should be treated in the case. This should do178 be feasible, turn Skjørten firm.
- The age limit of 7 years, we have even put in Norway. UN Children's Committee advises that there be an age limit as we have done because it can be an obstacle for the hearing of the minor children.
- It is obvious do178 that children under seven years can get relevant information in some of these cases. In terms of policy and legislative history of hearing children's age limit is to ensure that children are heard from the age of seven years, but this shall not preclude do178 younger are heard.
- Here was a challenge when it comes to adding conditions to the right so that younger children can also be heard on views that may be relevant to the case. It is also possible that there is a need for more training in how your young child sums up the researcher.
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