Child Abduction Questionnaire.pdf

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Preview of Child Abduction Questionnaire
🔗 Source: assets.hcch.net
📊 Size: 173 KB
👤 Author: Philippe Lortie
⬇️ Downloads: 425

Summary

Norway has implemented several changes to its legislation and procedural rules regarding international child abduction since 2011. Key developments include:

1. Centralization of jurisdiction: Child abduction cases are now handled by a single court, the Oslo District Court, with appeals heard by the Borgarting Court of Appeal and the Supreme Court.
2. Shortened appeal deadline: The appeal deadline has been reduced from four to two weeks.
3. Notification duty: The central authority must notify the Child Welfare Services in cases of child abduction to or from Norway.
4. Expanded free legal aid: The Legal Aid Act prioritizes free legal aid for left-behind parents in child abduction cases.
5. Deferred execution of return rulings: Rulings ordering the return of children cannot be enforced until they become legally binding.
6. Inclusion of children's views: Courts must consider children's views in child abduction cases.
7. State-covered expert advice costs: The state covers the cost of expert advice in child abduction cases.

Additionally, Norway has introduced measures to prevent abductions from the child welfare service, including:

1. Travel bans: Introduced in cases referred to the county child and social welfare board.
2. Criminal liability: Expanded to include abduction from the child welfare service.
3. Decision validity: Decisions of the County Child and Social Welfare Board are valid for one year when there is reason to believe a child has been abducted to another country.
4. Information duty: The child welfare service must provide information to authorities in the child's country of residence when a child is abducted from the child welfare authorities.

The average processing time for child abduction cases in Oslo District Court has decreased to six weeks, compared to 10 weeks before centralization. Norwegian courts maintain a strict interpretation of the 1980 Convention's exemption clauses. The 1996 Hague Convention on Measures for the Protection of Children entered into force in Norway on July 1, 2016.

Description

Norway provides information on recent developments.
The Royal Ministry of Justice and Public Security is involved.
Legislation and case law are referenced.

Technical Information

  • File Format: PDF
  • File Size: 173 KB
  • Pages: 17
  • Language: EN
  • Author: Philippe Lortie
  • Total Downloads: 425
  • Last Updated: 1 week ago

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