The Child’s Right to Be Heard (Norway + CRC Article 12)

The child’s right to be heard is a cornerstone of modern child law. It applies in both administrative and court processes—including child welfare and custody-related matters—because decisions can shape a child’s life for years.

At Do Better Norge, we emphasize two principles at once:

• Children must be heard in a safe, age-appropriate way.
• Children must not be used as instruments in adult conflict or bureaucratic narratives.

Key legal anchors

• Norwegian Constitution § 104: children have the right to be heard in matters concerning them, and their views must be given weight according to age and development.
• CRC Article 12 (UN Convention on the Rights of the Child): the right to express views freely and to be heard in judicial and administrative proceedings.
• Barnelova §§ 31–33: concrete rules about children’s right to information, being heard, and (in some areas) increasing self-determination with age.

What “being heard” should look like (minimum safeguards)

• Voluntary, non-coercive setting: the child should not be pressured to “choose a side.”
• Age-appropriate communication: questions must be understandable and non-leading.
• Documentation: what the child said should be recorded accurately—and distinguished from the adult’s interpretation.
• Protection from loyalty conflict: professionals must understand that children may try to protect a parent or tell adults what they think adults want to hear.

Do Better Norge warning: when the child’s voice is filtered

• Only the professional’s “summary” exists—no clear quotes, no method description.
• The child’s views are presented as absolute truth without context (time, setting, emotional state).
• Statements are used to justify low contact/high restriction without any plan for strengthening the parent–child relationship.

Practical steps for parents (non-invasive)

1. Ask how the child was heard: method, duration, and who was present.
2. Request the documentation through partsinnsyn (summaries, notes, expert reports that reference the child’s views).
3. Ask for safeguards: non-leading approach, neutral setting, and clarity about how the child’s views were weighed against other evidence.

Sources and further reading

• Lovdata – Constitution § 104
• Lovdata – CRC Article 12 (Norwegian law incorporation)
• Barneombudet – Barns rett til å bli hørt
• regjeringen.no – Barnets med- og selvbestemmelsesrett (overview)