Book contents
- Frontmatter
- Preface
- Contents
- List of Contributors
- Africa Children and Informal Justice Systems in Africa
- Africa The Law and the Protection of the Family in Sentencing Primary Caregivers of Children: Practice from a Few African Countries
- Albania Cross-Border Disputes over Child Custody and Access Rights and the ECtHR Jurisprudence in the Case of Albania
- Australia Greater Recognition of Adults as Individuals?
- Belgium Belgian Family Law Anno 2018
- Brazil The Necessary Subordination of the Interests and Commitment of Adults in the Construction of a Preventive Public Policy to Reduce the Sexual Vulnerability of Children in Brazil
- Canada Efforts to Address Intimate Partner Abuse and High-Conflict Custody Disputes in Canada
- China A Survey on the Intestate Succession Views and Relevant Habits of Private Entrepreneurs in Contemporary China and its Legislative Implications
- China Child Sexual Assault in China and Preventive Education
- England and Wales To Procreate, or Not, That is the Question
- Germany Law Reforms in Abundance
- Hong Kong Cutting Our ‘Children's’ Coats According to Our Cloth: Hong Kong Family Mediation Regarding Children's Arrangements in the Context of Culture and Law
- India Family Privacy in India
- Ireland Sheltering the Homemaker in Irish Family Law: Ireland's Failure to Evolve with the Shifting Social and Family Norms
- Italy Robots for the Family: Protection of Personal Data and Civil Liability
- Japan The Japanese Supreme Court should Promote Family Law Reform More Drastically
- Korea Recent Development in Korean Family Law: Best Interests of the Child, End-of-Life and Sexual Minorities
- Myanmar Marriage under Myanmar Customary Law
- New Zealand A Review of Relationship Property and the Māori Way of Life in Parenting Disputes: Changes Afoot
- Norway The Strengthening of Fathers’ Rights in Norwegian Child Law and Other Recent Reforms
- Papua New Guinea Child Welfare and Protection Law Reform in Papua New Guinea: A Critique
- Poland Supporting Elderly Persons in Polish Family and Succession Law
- Portugal Chronicle of a Legal Reform Foretold: The Shape of the Law to Come Regarding Incompetent Adults in Portugal
- Serbia The Case of ‘Missing Babies’ in Serbia before the European Court of Human Rights
- Singapore The Evolution of the Singapore Family Justice Courts: A Journey to Serve Families and Children Responsibly
- South Africa The Implications of Varying Statutory Minimum Age Thresholds for Child Consent in Respect of Minors Granted Majority Status Through Civil Marriage in South Africa
- Sweden, Norway and the USA Regulations of and Remedies for Corporal Punishment Against Children
- Index
Norway The Strengthening of Fathers’ Rights in Norwegian Child Law and Other Recent Reforms
Published online by Cambridge University Press: 31 January 2019
- Frontmatter
- Preface
- Contents
- List of Contributors
- Africa Children and Informal Justice Systems in Africa
- Africa The Law and the Protection of the Family in Sentencing Primary Caregivers of Children: Practice from a Few African Countries
- Albania Cross-Border Disputes over Child Custody and Access Rights and the ECtHR Jurisprudence in the Case of Albania
- Australia Greater Recognition of Adults as Individuals?
- Belgium Belgian Family Law Anno 2018
- Brazil The Necessary Subordination of the Interests and Commitment of Adults in the Construction of a Preventive Public Policy to Reduce the Sexual Vulnerability of Children in Brazil
- Canada Efforts to Address Intimate Partner Abuse and High-Conflict Custody Disputes in Canada
- China A Survey on the Intestate Succession Views and Relevant Habits of Private Entrepreneurs in Contemporary China and its Legislative Implications
- China Child Sexual Assault in China and Preventive Education
- England and Wales To Procreate, or Not, That is the Question
- Germany Law Reforms in Abundance
- Hong Kong Cutting Our ‘Children's’ Coats According to Our Cloth: Hong Kong Family Mediation Regarding Children's Arrangements in the Context of Culture and Law
- India Family Privacy in India
- Ireland Sheltering the Homemaker in Irish Family Law: Ireland's Failure to Evolve with the Shifting Social and Family Norms
- Italy Robots for the Family: Protection of Personal Data and Civil Liability
- Japan The Japanese Supreme Court should Promote Family Law Reform More Drastically
- Korea Recent Development in Korean Family Law: Best Interests of the Child, End-of-Life and Sexual Minorities
- Myanmar Marriage under Myanmar Customary Law
- New Zealand A Review of Relationship Property and the Māori Way of Life in Parenting Disputes: Changes Afoot
- Norway The Strengthening of Fathers’ Rights in Norwegian Child Law and Other Recent Reforms
- Papua New Guinea Child Welfare and Protection Law Reform in Papua New Guinea: A Critique
- Poland Supporting Elderly Persons in Polish Family and Succession Law
- Portugal Chronicle of a Legal Reform Foretold: The Shape of the Law to Come Regarding Incompetent Adults in Portugal
- Serbia The Case of ‘Missing Babies’ in Serbia before the European Court of Human Rights
- Singapore The Evolution of the Singapore Family Justice Courts: A Journey to Serve Families and Children Responsibly
- South Africa The Implications of Varying Statutory Minimum Age Thresholds for Child Consent in Respect of Minors Granted Majority Status Through Civil Marriage in South Africa
- Sweden, Norway and the USA Regulations of and Remedies for Corporal Punishment Against Children
- Index
Summary
INTRODUCTION
Ideas of equality between family members have received strong support in Norway, equality between children born in and out of wedlock, between husband and wife and between fathers and mothers. In recent years, fathers have strengthened their position in child law and same-sex couples have attained equality in marriage law. At the same time, child law has become an arena for political disputes, often pitting mothers ‘rights against the rights of fathers and biological parenthood against social parenthood (section 2). Marriage law, on the other hand, has seldom been at the centre of political debate, with the exception of equal rights for same-sex couples. Recent changes have concerned the legal age of marriage and wedding ceremonies (section 3).
RECENT REFORMS IN CHILD LAW
Norwegian child law has experienced frequent legislative amendments in the last decade. An important goal of the latest legislative changes in 2016 and 2017 has been to ensure the rights of fathers with regard to paternity, parental responsibility, custody and access. Another purpose has been to safeguard children's rights in areas where they look good on paper, but where reality tells a different story.
CONTESTATION OF PATERNITY
Paternity rules have been the subject of several amendments in the last decades, and new provisions allowing legal action on paternity were introduced in 2016.
The husband of the mother is automatically established as a child's father. If the mother is unmarried at the time of the child's birth, paternity is determined either by the father's declaration or by court judgment. Declaration by a father is only valid with the consent of the child's mother. In cases where the child does not have a legal father in accordance with these provisions, the authorities are responsible for establishing paternity. The authorities may require that the mother, the child and the man or men who may be the father of the child shall provide suitable samples for DNA analysis.
Between 2005 and 2013, cohabiting fathers were allowed to register paternity without the consent of the child's mother.
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- International Survey of Family Law 2018 , pp. 385 - 398Publisher: IntersentiaPrint publication year: 2018