Printer friendly version
Email
International Parental Child Abduction
Norway
DISCLAIMER: The information in this flyer relating to the legal requirements of specific foreign countries is provided for general information only. Questions involving interpretation of specific foreign laws should be addressed to foreign legal counsel.
I. PROCEDURES
The Ministry of Justice and Police, the Department of Civil Affairs, has been designated as the Central Authority for Norway for the Hague Convention on the Civil Aspects of International Child Abduction. Being an administrative authority, the Ministry itself has no jurisdiction to make a decision on whether the child should be returned or not. This jurisdiction belongs entirely to the courts.
Immediately upon receiving an application from the Central Authority of another contracting state, the Ministry will give the application a preliminary examination, to ensure that it is in conformity with the formal conditions laid down by the Convention, and that the documents required in Article 8 are enclosed. If that is not the case, the application will immediately by returned to the requesting state for completion, or the lacking information will be asked for more informally by telephone or telefax to the requesting state. If the documents are not in English or Norwegian, the transmitting authority will be asked to provide a translation.
When all formal requirements are met, the application will immediately be sent to the competent local court for decision. The Act of 8 July 1988, Section 18, paragraph 1, lays down that the enforcement provisions of the Children's Act of 8 April 1981 and the general provisions of the Enforcement of Claims Act of 26 June 1992, shall apply correspondingly to decisions on the return of children.
The courts may also adopt an interim decision for the period up to the final judgment in the case, and may even adopt an interim decision before proceedings are instituted. According to the Act of 8 July 1988, Section 18, paragraph 2, the judge may order that the Child Welfare Authorities shall take over custody of the child until the Hague application is finally decided, but this seldom happens.
According to the Act of 8 July 1988, Section 16, paragraph 1, the courts are to act quickly and without delay in dealing with applications for return of abducted children from another contracting state. If a court has not decided an application within six weeks of the application''s filing, it shall report to the Central Authority of the requesting state the reasons for the delay -- if the applicant or requesting state so demand.
NOTE: Norway has made a reservation according to Article 42 of the Convention, provided for in Article 26, third paragraph. Norway will therefore not be obliged to assume any costs referred to in Article 26 that result from the participation of legal counsel or advisers, or from court proceedings, except insofar as those costs may be covered by Norway''s system of legal aid and advice. An application for legal aid can be forwarded through the Ministry to the competent authority (the County Governor). Please note that the authority will do a means test of the application, based on the applicant''s gross, net and capital income.
Norway has also made a reservation to Article 24 of the Convention. The Ministry will read and answer correspondence only in English. Correspondence in other languages will have to be translated by the submitting authority.
APPEALS: A decision by the local court can be brought before the High Court (Appeals Division) by either party. A decision by the High Court (Appeals Division) can be brought before the Supreme Court if the Court agrees to hear the case.
II. DISCOVERING THE WHEREABOUTS OF A CHILD
This question will be dealt with in close cooperation with the central police authorities.
III. CONTACTS
1) The Office of Children's Issues is the U.S. Central Authority for the Hague Abduction Convention.
|
Office of Children's Issues |
2) Central Authority for Norway
|
Address Telephone Telefax |
