Midlertidig avgjørelse (Temporary Orders) under Barnelova § 60

Definition

Midlertidig avgjørelse (temporary order) is a court decision meant to stabilize a child’s situation while a larger custody case is pending. Under Barnelova § 60, the court may issue a temporary decision on parental responsibility, relocation abroad, where the child shall live, and contact/visitation.

Why this matters on Do Better Norge

Temporary orders can decide the “starting position” of a conflict. In practice, status quo often becomes the long-term outcome if the temporary arrangement is allowed to harden into a new normal. Do Better Norge highlights the need for proportionality, balanced evidence assessment, and safeguarding the child’s right to meaningful relationships with both parents.

Legal basis (Norway)

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• Barnelova § 60 – temporary orders (“førebels avgjerd”).
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• Preparatory works explain when the court must decide temporarily (e.g., credible risk of violence/harm).
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What the court looks at

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• Child’s best interests (time-sensitive assessment, not a full merits trial).
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• Risk indicators: violence, threats, instability, abduction risk, serious conflict escalation.
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• Credibility and documentation: police reports, medical notes, messages, school/daycare statements, prior agreements, and a clear timeline.
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Procedure (high-level)

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1. Request (motion): filed by one party during or even before a full case is launched.
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2. Urgency handling: the court can prioritize speed; in urgent scenarios the court may decide with limited hearing (exceptional).
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3. Time limit: if a temporary order is made before a full case is filed, the court sets a deadline to initiate the main proceedings.
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Costs: don’t ignore the basics

Even when you self-represent, court processes can involve court fees (rettsgebyr) and document costs. Consider whether you qualify for fri rettshjelp early, because a temporary order can be the most decisive phase of the dispute.

Do Better Norge practical advice

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• Document first: a clean timeline + exhibits beats emotional narrative.
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• Ask for “least intrusive” measures if safety concerns exist (supervised contact, step-up schedules, neutral handover).
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• Prevent “paper sabotage”: if the other party blocks contact, document every attempt calmly and consistently.
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Sources

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• Lovdata – Barnelova § 60 (temporary orders)
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• Regjeringen.no – Prop. 117 L (2024–2025) on § 60 and risk cases
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• Lovdata – Supreme Court decision referencing temporary orders
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• Domstol.no – Court fees (updated rates)
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Note: This article is informational and not a substitute for legal advice.