Get the House, get the Children?
If you are going through a divorce, we recommend attempting to keep the house as this may operate as a decisive factor when discussing child custody, and may increase your chances of gaining custody of your children.
The parent keeping the property where the children have grown up is very often in a stronger position than the other parent when discussing child custody in relation to a divorce. This is due to the fact that a change in environment is not seen as the most suitable option for the child.
The Status-Quo Principle
In child custody cases all decisions regarding the daily care of the children will focus on what is the most suitable option for the child. The Supreme Court has often considered that the best option for the child is to remain, as far as possible, in their current situation, status-quo. The principle of status-quo is considered to be very important in Norwegian law. It relies upon the principle that a change of environment for the child may be an unfortunate result of a divorce.
Change of environment
A change of environment is in this case considered to include both the exterior environment such as friends, kindergarten and school. As well as the inner environment such as the change of a main carer for the child. It is generally accepted by child psychologists that a change of environment in different ways may act as a negative factor for the child. Even moving to a more appropriate environment may be seen as a negative factor as the child’s emotional and social connection to the original property disappears.
Uncertainty for the child
It has been stated in the Supreme Court that if the established arrangement is appropriate, moving may result in uncertainty for the child. In these circumstances specific reasons for moving the child will be required. The principle of status-quo will be a decisive factor in the cases where both parents are otherwise equally appropriate to care for the child, and both parents can offer the child appropriate living conditions. For these reasons, the question of who retains the rights to the property may become decisive in child custody cases.
The Mother of the Child will not Automatically be in a Favored Position
When considering what is the most appropriate option of the child, a specific overall assessment much be made, where several factors are relevant. Important factors will amongst others include the child’s relationship to the parents, the child’s contact with its siblings, the child’s contact with other family, the child’s connection to the local environment and friends, geographical distance between the parents and whether it is suitable to change the current living situation. The most suitable option for you as a parent is considered to be insignificant. The focus is rather put on what will be the most appropriate option for the child. The most appropriate option for the child is decided on a case by case basis.
Psychological and sociological considerations
Mainly, what will considered to be to be appropriate for the child does to a great extent rely on psychological and sociological considerations, and perceptions changing with time and the gaining of new knowledge in the field. The previous presumption favoring the mother of the child is no longer relevant. It is no longer automatically presumed that the child will benefit from being under the custody of his or her mother.
Biological connection not as important
Today a mother’s biological connection to a young child is not considered to be equally as important as it used to be when considering the most appropriate conditions for the child. It cannot be considered that one of the parents have, for biological reasons, a better connection to the child. The consideration of collective parental contact is central when considering the most suitable option for the child. Legal precedence shows that a solutions offering stability and contact with both parents is to be preferred.
Dependent on the Child’s Age
What factors are considered decisive is dependent on the child’s age. As an example of this, the geographical distance between the parents is likely to be considered to be of a varied importance, depending on the age group of the child. For older children, a 30 minutes commute may not be seen to constitute a restriction of any significance in relation to remaining good contact with friends. While the same distance may be seen as a greater restriction for younger children. Changing from a well-known situation is often seen as unfortunate for younger children. For very young children the status-quo principle is likely to be given great importance. The status-quo principle may however be found to be of less importance when considering the custody of older children.