A dispute over child custody can arise in the event of a divorce or the breakdown of a cohabiting relationship. In such cases, matters concerning the child’s or children’s access to and maintenance by both parents must be resolved, as both parents have the same rights and obligations. The child’s or children’s status is equal regardless of whether the parents were married or cohabiting.
Custody disputes can be incredibly draining. A custody dispute arises when parents cannot agree on who will care for the child, where the child will live, and how Child contact rights arranged.
Agreement on custody can be confirmed with the help of a child welfare officer.
In many cases, the best situation for resolving a child custody matter is to book an appointment with a child welfare officer, who works in the municipality's family services or social services. The service is free of charge.
The role of the child welfare officer is to help parents reach an understanding and agreement on child custody, residence, visitation rights, and maintenance. Parents must be able to make decisions in the best interests of the child. Meeting the child is the most common reason for parents wanting to agree on these matters.
In a custody dispute, matters to be resolved through negotiation include all practical arrangements, such as:
- Children's living arrangements after a divorce
- School or kindergarten
- hobbies with transport
- right of access
- transport from one parent to another.
Once matters have been concluded, the child welfare officer will record the agreed matters in a custody agreement, which is enforceable. Thereafter, the agreement made at the child welfare officer's office is forwarded to the municipal social welfare board for confirmation, at which point it is legally valid and binding in the same way as a court decision.
It should be noted that if an agreement is not reached in a custody dispute, the child welfare officer cannot make a decision alone.
Custody disputes can also be resolved through mutual agreement between the parents.
Parents can agree on child custody amongst themselves and submit the written agreement to be confirmed by the child welfare officer. This makes the agreement equivalent to one made at the child welfare officer's office and therefore enforceable. The father's rights in a custody dispute will also be taken into account. Meetings with the child can thus be agreed upon amicably between the parents.
Custody dispute in court mediation
A custody dispute involving children can also be resolved through court mediation. If an agreement on custody cannot be reached at the family law mediator's office or if other support offered to parents in separation services is insufficient, an agreement may be reached through court mediation. The reason for resorting to court mediation is a custody dispute that has become contentious. The purpose of the mediation would be to achieve a lasting agreement between the parents, which is also in the child's best interests. Both parents must consent to initiate the mediation process. No one can be forced into mediation.
The parents of the child and a mediator, who is a judge with expertise in family matters, are present at the mediation. The judge is assisted by an expert in parenting and child development, who is usually a social worker or psychologist. Parents have the right to use a lawyer as their assistant in mediation. The aim of having an expert and a judge with expertise in the matter is to ensure that the child's best interests are met.
Resolution of a custody dispute in the district court
If a dispute concerning child custody is not resolved even in court mediation, the District Court will decide the matter. The case can also be brought before the District Court without mediation having been attempted. However, before bringing the matter before the District Court, one should consider the long processing times and high costs of court proceedings. It is also possible to apply to the District Court to amend a decision made in court mediation or a decision confirmed by social services.
Custody dispute in court
Sometimes parents want to resolve issues regarding child custody, residency, contact arrangements, and child maintenance in the District Court. In such cases, either one or both parents must submit an application to the District Court at the child's place of residence. The application is informal.
If one parent has made an application alone, the district court will give the other parent an opportunity to state their views on the matter in writing. If the parents agree, the district court will rule on the matter in writing. If the parents disagree on the matter, the district court will summon the parents to a preparatory hearing to clarify what each parent is demanding and what the disputes are due to. A settlement can still be reached at this stage. If this does not happen, the social authorities will investigate the family's situation and interview the children. After this, a main hearing will be organised. In the main hearing, the district court will either decide the matter immediately or announce the date on which the district court's decision will be given. The court will make its decision based on the child's best interests – i.e., what is best for the child, not the adults.
A party dissatisfied with the District Court's decision can appeal to the Court of Appeal.
The court may decide:
- Which parent is granted custody (or joint custody)
- Where does the child live
- How are meetings with the other parent arranged?
- How are maintenance payments determined
The court often requests a background report from social services, which assesses the child's daily life, the parents' ability to care for the child, and other important factors.
Changing nearest parent
The court or child welfare officer assesses the child's best interests above all else. Reasons for changing the primary caregiver can include, for example:
- The child themselves wants to move to live with the other parent (age and developmental stage will be taken into account).
- A parent's life situation changes (e.g. the other parent is unable to care for the child).
- The child's well-being, school, hobbies, social relationships, etc. are better realised at the other parent's home.
- The other parent is moving to the town where the child already attends school.
Non-molestation order and joint custody
Joint custody requires cooperation between parents, but a restraining order specifically prevents contact and cooperation. This effectively makes joint custody unworkable or impossible in practice.
Finally
In a child custody dispute, the most important thing to remember is that the child's best interests come before everything else. Finland has a system in place to support parents in agreeing on matters together, and if necessary, offers official help when situations become difficult. You don't have to go through child custody disputes alone.
Child custody and access rights are central issues when family circumstances change. In Finland, legislation supports parents in making decisions that benefit the child through cooperation. If necessary, society offers official assistance and legal means to safeguard the child's rights.
If you are in a situation where custody or access issues are relevant, please feel free to contact your local child welfare officer or lawyer.
If you are looking for a good lawyer for a custody dispute, please contact us. At Attorneys Ltd Amos, we have a lawyer specialising in child custody and access rights matters. Samvel Margarjan, tel. 044 359 2655.