The Content and Boundaries of Parental Responsibility – Care, Decision-Making Authority, and Children's Rights

Parental responsibility is a central concept in Norwegian family law. The term was introduced into the legislation with the Children's Act of 1981 and replaced the previous terms "parental authority" and "parental power." The background for the change in terminology was a desire to highlight children's rights and parents' duties.

Care and decision-making

Parental responsibility involves, according to the Children's Act § 30, a duty of care and a right and duty to make decisions. These should be exercised based on the child's interests and needs. This means that the child's interests should be governing, but it does not exclude consideration for other family members.

The duty of care

The duty of care is outlined in the Children's Act § 30 first sentence, and is the fundamental obligation for those who have parental responsibility. The wording states that the child is "entitled to care and thoughtfulness from those who have parental responsibility."

The right to care and thoughtfulness includes:

• Satisfaction of the child's need for love, security, and attention

• Grooming, care, and supervision

• Opportunities for play and stimulation

• Help with homework

Other aspects of the duty of care are described in the Children's Act § 30 second paragraph, where it is stated that the child has the right to "adequate upbringing and provision," and that those with parental responsibility should ensure that the child receives "education according to ability and disposition." This means that parental responsibility also includes a duty to provide upbringing, for example in the form of guidance in social interaction between people as well as play and interaction with other children. In addition, the child's need for food, clothing, and a place to live must be met.

Overall, the duty of care under the Children's Act § 30 is about covering or facilitating the coverage of necessary physical and psychological needs of the child.

The right and duty to make decisions

The right and duty to make decisions is outlined in the Children's Act § 30 first paragraph second sentence. Those with parental responsibility have "the right and duty to make decisions for the child in personal circumstances within the boundaries set by §§31 to 33."

The right and duty to make decisions relates to decisions about personal circumstances, which includes most things, except economic matters, which are regulated by the Guardianship Act. Personal circumstances include, among other things:

• Guardianship

• Medical treatment

• Issuance of passports

• Choice of school type

• Consent to adoption

• Name choice

• Consent to marriage

• Enrolment in religious communities

• Consent to medical procedures

• Moving abroad

Limitations on the exercise of parental responsibility

The right to decide is extensive, but still limited in several ways:

1. General limitation: Parental responsibility should be exercised based on the child's interests and needs

2. The child's right to co-determination and self-determination: According to the Children's Act §§ 31 to 33

3. Specific provisions protecting children: For example, the Children's Act § 30 a states that agreements about marriage on behalf of children are not binding

4. General prohibitions and commands: Parents cannot make decisions that violate prohibitions or commands, such as age limits for driving a car or purchasing intoxicants

The child's right to co-determination and self-determination

Both the Constitution, the Convention on the Rights of the Child, and the Children's Act highlight the child's right to express their opinion and the duty to emphasize this.

Co-determination right

The child's co-determination right according to the Children's Act means that as the child becomes able to form their own viewpoints on the issue, parents should hear what the child has to say before making decisions about personal matters for the child (§ 31 first paragraph). They should emphasize what the child thinks, depending on how old and mature the child is.

In the Children's Act § 31 second paragraph, it is stated that a child who has reached the age of seven, and younger children who are able to form their own viewpoints, should receive information and be given the opportunity to express their opinion before a decision is made about personal matters for the child, including parental responsibility, where the child should live permanently and contact.

Self-determination right

The child's self-determination right is regulated partly by specific provisions and partly by a general rule. The general rule is outlined in the Children's Act § 33, which requires parents to give the child increasingly more self-determination with age and until they are legally adults.

For questions about enrolment in and withdrawal from associations and choice of education, children from the age of 15 have self-determination (§ 32). Also, a number of other laws provide children with self-determination from the age of 15, including enrolment in and withdrawal from religious communities and entering into employment contracts.

For questions related to health and medical matters, children in most respects are given self-determination from the age of 16.

Prohibition of the use of violence

According to the Constitution § 104 third paragraph, children have the right to protection of their personal integrity. The Children's Act § 30 third paragraph also sets forth a clear and explicit prohibition against the use of violence against children:

"The child must not be subjected to violence or otherwise treated in a way that endangers or jeopardizes their physical or mental health. This also applies when violence is used as part of the upbringing of the child. Use of violence and frightening or bothersome behavior or other reckless conduct towards the child is prohibited."

This prohibition underscores that children's integrity should be protected as well as that of adults, and that children, due to their vulnerability, the disproportionate power relationship between children and parents, and the special trust and dependency relationship between children and parents, should have better protection than adults against violations.

Violence and abuse against children can be punished under the provisions of the Penal Code, particularly the Penal Code 2005 chapters 24, 25, and 26.

Travel abroad and relocation

The Children's Act distinguishes between moving/staying outside the country (§ 40) and trips abroad (§ 41).

If one parent has parental responsibility alone, they may move out of the country with the child (§ 40 first paragraph). If the parents have joint parental responsibility, both must consent to such relocation (§ 40 second paragraph).

For other trips abroad, the main rule is that the person who shares in parental responsibility or has it alone can take the child or send the child on "shorter foreign trips" (§ 41 first paragraph). In cases where there is uncertainty about whether the children will return, the court can issue a prohibition against foreign trips.

Parents without part in parental responsibility cannot, as a general rule, leave the country with the child without the consent of the other (§ 41 fourth paragraph first sentence).

The content and limits of parental responsibility are thus comprehensive and complex, balancing the child's rights and needs against the parents' right and duty to make decisions. Together, these rules form a framework designed to ensure the child's best interests are safeguarded in accordance with Norwegian law.