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