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- From principle to action: New requirements for lawyers in cases involving children
- The best interests of the child in practice: Stricter requirements for lawyers
When lawyers work on cases involving children, the stakes are high. The Norwegian Bar Association has now launched updated guidelines to ensure that the interests of the child are always put first - and that the work is carried out in a professional and ethically safe manner. In this article, we go through the most important changes - and what they mean in practice for both lawyers and clients.
Background and purpose
Children's rights have received increased attention both nationally and internationally in recent years. With the new guidelines, the Norwegian Bar Association wants to ensure that lawyers do not just «consider» children, but actively put the child's best interests at the centre and ensure that the child's voice is heard. This is particularly true in cases concerning child custody, child protection, criminal cases and other processes where children may be directly or indirectly affected.
The guidelines mark a clear shift - from general principles to specific requirements. Previously, lawyers were obliged to act in the best interests of the child, but how this should be done was largely left to the individual's judgement. The result was inconsistent practice, unclear competency requirements and a varying focus on children's right to be heard. Now, lawyers have a much clearer framework, which both raises expectations and raises standards.
Highlights of the new guidelines
1. The best interests of the child at the centre
The new guidelines make it clear that the best interests of the child are not just an ideal, but a guiding principle for the lawyer's work. The lawyer has a duty to consider every piece of advice, choice and procedural step that may affect the child - both in the short and long term. This can lead to decisions being more closely tailored to the child's needs and situation, rather than just the wishes or conflict of the adults.
2. The child's right to be heard
The guidelines emphasise that children should not only be seen, but also heard. The lawyer must ensure that the child is given a real opportunity to express their views and that these are communicated in a respectful and correct manner. When the child's voice is emphasised in this way, it increases the chance that their perspective will actually have an impact on the legal process - and not be drowned out by the adults' conflicts.
3. Stricter competence requirements
Lawyers who work in cases involving children must now fulfil stricter competence requirements. It's not just about the law, but also about understanding children's development, needs and vulnerability. The guidelines make it clear that lawyers must be able to document and maintain this specialised expertise. For many, this will mean an increased need for continuing education and specialisation - which in turn will ensure that children meet lawyers who are better equipped to protect their interests.
4. Clear and personalised communication
The lawyer is responsible for communicating information in a way that both children and parents understand. This means explaining the process and the consequences of different choices in a clear and accessible way. The guidelines also give the lawyer a more active role in ensuring that the child's voice is actually heard and that the child can participate in the process in a safe and understandable way.
5. Ethical considerations
The guidelines clarify how the lawyer should handle ethical dilemmas that may arise, for example when the child's needs or wishes contrast with those of the parents, or when conflicts of loyalty arise. The aim is to give the lawyer a clear responsibility to emphasise the child's perspective and ensure that it is not overlooked. So that it becomes a real part of the process, and not just fine words on paper.
Summarised
The new guidelines from the Norwegian Bar Association mark a clear step forward in strengthening children's rights in the legal system. For lawyers, this means both a greater responsibility and a greater opportunity to ensure fair and safe processes for children. For clients and society, it means increased security that children's interests are placed at the centre and safeguarded in a professional and ethical manner.
It goes without saying that we comply with these guidelines. We will always have the best interests of the child as a fundamental principle in our work.
If you have any questions about how the new guidelines may affect your case, you are welcome to contact us - we would be happy to talk about how we can help safeguard your child's interests in the best possible way.
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