The case in summary: Lawyer Thea Totland expresses concern that children’s explanations are often not believed, which can lead to children being forced to live with parents who expose them to sexual abuse. From 2018 to 2024, the Child Advocates found a total of 36 access cases where sexual abuse was suspected. In only seven of these cases did the court believe that there was a risk of abuse. She is a legal adviser at Stine Sofie’s Foundation, Line Duesund Svendsen, says that they often receive inquiries from parents who are in difficult access cases where possible violence or abuse is the topic. Minister for Children and Families Kjersti Toppe expresses concern about the statistics, but has confidence that the courts make thorough assessments in such cases. The summary is made by an AI service from OpenAI. The content is quality assured by news’s journalists before publication. – Legal protection for these children will be very, very weak, says lawyer Thea Totland. She works for the Children’s Advocates. The law firm works with all kinds of cases that affect children, especially many child distribution or parental disputes. She is concerned that parents who expose their child to sexual abuse are allowed to retain care because the child’s own explanations are not believed. And it’s a bit technical, so here’s a quick explanation: In Norway, we distinguish between civil law and criminal law. Civil law refers to cases between two private individuals, such as who will have custody of a child. Criminal law is a case between the prosecuting authority (the state) and the defendant, where you can, for example, be sentenced to prison. Totland says that even if a case about possible sexual offenses against a child is dropped by the police and thus does not go to court, there can still be a civil lawsuit. And this is where problems arise. Read the full response from Minister for Children and Families Kjersti Toppe at the bottom of the article. Afraid of the consequences – Over the years, many changes have been made to the Children’s Act with the aim of protecting children from violence and sexual abuse. Nevertheless, we see that we cannot do it, says Totland. She believes that the court too often concludes that one of the parents has influenced the child in parental dispute cases where there is an allegation of sexual abuse. For example, that the mother has influenced the child to believe that the father has exposed the son or daughter to abuse. In most cases, it is the father who is suspected of abuse, says lawyer Thea Totland. But there are also fathers who are not believed when they are worried about whether the child is exposed to violence or abuse by the mother. Before the summer, the Children’s Advocates conducted a search to find Court of Appeal judges in parental disputes where sexual abuse is suspected. From 2018 until 2024, they found a total of 36 cases. In only 7 of these cases did the court consider that there was a risk of abuse, and the parent who was suspected of this was allowed to have longer contact with the child. In the rest of the cases (80 per cent), it was assessed that there was no risk to the child, who then had to stay at home or have contact with the suspect. – It shows that the court thinks that there will be many unfounded accusations of abuse. It’s a very high number, and it doesn’t match any other numbers, says Totland. She believes that the consequence is that children who may be exposed to abuse must return and live with the abuser. Photo: private Totland emphasizes that there may be several similar judgments out there that did not appear in their search in Lovdata, and are therefore not included in their investigation. Shares the concern – We receive almost daily inquiries from desperate parents who are in a difficult visitation case, where the children have told that they have experienced violence or sexual abuse, says Line Duesund Svendsen. The Stine Sofie Foundation has submitted proposals to amend the law to strengthen children’s rights, and hopes they will be adopted, says Svendsen. Photo: Victoria Marie Nordahl / news She is a legal adviser at Stine Sofies Stiftelse, and says that the figures presented by lawyer Totland support their concern that a lot of violence is being overlooked. – Our experience is that the parents and mothers who contact us are genuinely worried about their children and try to protect them, says Duesund Svendsen. Several parents find that they are accused of creating conflict when they address their concerns, she explains. – We are concerned that, for that reason, many do not dare to tell about what the children have said about violence and abuse. She points out that children’s safety cannot come at the expense of adults’ right to visitation. Therefore, the foundation believes there is a need for a better system that can provide faster and better help in such contact matters. – Confidence in the court Minister for Children and Families Kjersti Toppe (Ap) writes to news that she has confidence that the courts make thorough assessments in such cases. At the same time, she believes that the statistics from the Children’s Advocate are worrying. Kjersti Toppe says the figures from the Children’s Advocates are worrying, but that she has confidence in the courts. Photo: Håkon Mosvold Larsen / NTB – All children have the right to protection against violence and abuse, and this is one of the most important things that I and the government are responsible for. Toppe writes that the courts are obliged to attach great importance to the protection of children against violence and abuse. – The court must assess the specific risk to the child. If there is one child who is not heard when it comes to abuse when the case comes up in court, that is one child too many. The government is looking at better arrangements in access cases and will present proposals for a new Children’s Act next year. You can read the entire answer from Kjersti Toppe at the bottom of the article. – Must listen to the child Lawyer Thea Totland believes the court must begin to place more emphasis on what the child himself tells in these cases. – Children can sometimes make sexualized statements without it proving anything. But if the child gives detailed information about an erect penis or tries to play abuse with other children, I think there might be cause for concern. Or if the child has to throw up when he or she has to think about it. – But isn’t it also good that you don’t lose custody of your child because an ex-boyfriend is bitter? – Yes, but I think people think it is common for someone to pull the abuse card or accuse the other of cruel acts. But it is not as common as some pretend to believe, says Totland. news has also tried to get hold of the Ministry of Justice and Emergency Preparedness, which is responsible for civil law. They refer you to the Ministry of Children and Families. Read the full response from Children’s Minister Kjersti Toppe: What are you doing to ensure children’s legal certainty and ensure that they do not live in homes with abuse? – All children have the right to protection against violence and abuse, and this is one of the most important things that I and the government are responsible for. The police, the courts, child protection and shelters are absolutely fundamental services when it comes to protection against violence and abuse. Prevention is also important, and consideration for protecting children from violence is absolutely fundamental both in the Convention on the Rights of the Child and in Norwegian legislation, such as the Children’s Act. It is not possible to point to one decisive measure when it comes to combating violence and abuse – the government is working broadly on this, most recently in the new Escalation Plan against violence and abuse. How strong is a child’s explanation about possible abuse in a visitation case in civil court? – The Court is responsible for ensuring that the case is sufficiently informed before a decision is made, and uses both experts and statements from other bodies. The court can also appoint an expert to take part in the case preparation meetings. The court can ask the expert to have conversations with the parents and children and carry out investigations to clarify the circumstances in the case. The court also has the option of appointing experts and obtaining statements from child protection and social services. It is specifically stated in the law that where allegations of violence, abuse, intoxication or mental illness have been made, the court can appoint an expert. The court can, i.a. when there is reason to believe that the child is exposed to violence, appoint a lawyer or other representative to look after the interests of the child in connection with the lawsuit. Assessments of evidence in concrete parental disputes are the court that is suitable to assess and take a decision. It is part of the court’s mandate to manage the cases so that the proceedings and decision are in the best interest of the child. This follows from the Children’s Act. It must therefore be taken seriously when a child tells about violence or abuse. For several years, the Ministry of Children and Families has supported the Court Administration’s work with raising expertise on parental disputes under the Children’s Act and other matters concerning children, and there is an ongoing investment in this to ensure that such matters are dealt with in the best possible way. The courts are otherwise independent and must assess the various evidence and points in each individual case based on the specific circumstances of the case. Are you confident that children who live with abuse will be heard when it comes up in court? – The Court is responsible for ensuring that the case is sufficiently informed before a decision is made, and uses both experts and statements from other bodies. Assessments of evidence in concrete parental disputes are the court that is suitable to assess and take a decision. It is part of the court’s mandate to manage the cases so that the proceedings and decision are in the best interest of the child. This follows from the Children’s Act. The courts are obliged to attach great importance to the protection of children against violence and abuse, and the court must assess the specific risk to the child. In this area, however, it is very important to monitor how children are heard. If there is one child who is not heard when it comes to abuse when the case comes up in court, that is one child too many. Do you think there is any reason to believe that a parent in so many parental dispute cases dealing with possible abuse is lying? – It is part of the court’s mandate to manage the cases so that the proceedings and the decision are in the best interest of the child. This follows from the Children’s Act. According to the Disputes Act, the Court is responsible for ensuring that the case is well informed before a decision is made, and uses both experts and statements from other bodies. All decisions are made concretely, and I have confidence that the court makes thorough assessments. But I do think that the statistics presented by the Children’s Advocates are worrying. If there is doubt/difficult to prove, how strong is the parents’ right to care for their own child when making a decision in these matters? – Children’s best interests must always be safeguarded. According to the Disputes Act, the Court is responsible for ensuring that the case is well informed before a decision is made, and uses both experts and statements from other bodies. All decisions are made concretely. The proof requirement in civil cases is not the same as in a criminal case. The Court will assess the risk to children in the case of allegations of violence and abuse, even if violence and abuse have not been documented. The child’s right to protection is the most important consideration, and if there is real doubt in the case, this should benefit the child in the form of protection. In some cases, it may nevertheless be justifiable and correct for a parent to have contact with the child under supervision. In other cases, it is not right for the child to have access. The children’s safety cannot come at the expense of the adults’ right to visitation, says a lawyer at the Stine Sofie Foundation. They want better arrangements that can provide faster and better help in contact matters. Is this something you are looking at? If so, what and what is time perspective? – There are separate arrangements to protect children and their carers from violence, abuse and neglect, including measures under criminal law such as contact bans and blocked addresses, child protection, the shelters and the possibility to demand a temporary decision in the court to protect the child from the risk of violence, until the court can take a final decision on the whole case. Better arrangements in visitation matters are something we are looking at. The Children’s Act is now under consideration and the government will present a proposal for a new Children’s Act next year. Hi! Do you have thoughts about the case you’ve read or suggestions for other things we should check out? Feel free to send me an email! Published 24.09.2024, at 22.07
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Fears children must return to violent parents – news Sørlandet – Local news, TV and radio
