A child's right to access ensures the child's right to see the parent with whom they do not live. The right to access facilitates maintaining a close relationship, which is one of a child's basic needs. The right to access determines when the child can be with the non-resident parent, meet them elsewhere, and maintain contact with them. Finnish law requires both parents contributing to the child's right of access being realised and mutually respected.
One of the most central questions is therefore how child custody, accommodation, and access rights are arranged after divorce.
What does the law say about child custody and contact rights?
Arrangements for a child after a divorce are made either by mutual agreement between the parents or by a decision of the district court. An agreement on joint custody is possible when the child's parents are able to agree on the frequency and content of meetings.
This includes, but is not limited to:
- How often do the meetings happen?,
- Does the child meet the distant parent at home or elsewhere,
- and how holiday periods and public holidays are divided between estranged parents.
Joint custody means that parents decide on matters concerning the child together. In sole custody, one parent decides on matters concerning the child alone. A division of responsibility agreement can be made or ordered for the parents.
Several factors affect the right of access. If the visiting parent lives far away, frequent visits can be burdensome for the child. In the case of a young child, it is justifiable to arrange frequent and short visits. The scope of the right of access is also influenced by the so-called status quo – weight is given to how much the child is accustomed to visiting the other parent.
What if parents cannot agree on child visitation rights?
Contact rights may be agreed upon or confirmed by a court order. In either case, the agreement or order shall specify the contact rights with such precision that there is no ambiguity. This means that, in addition to so-called usual contact times, precise provisions have been made for contact rights during public holidays, Father's Day, Mother's Day, and holidays.
If the parents cannot agree on meetings, A decision on the right of access can be sought from the district court. The court will, if necessary, hear social welfare authorities and also the child, if it is appropriate to do so, taking into account the child's age and level of development.
Transporting a child to an estranged parent
As a general rule, the parent who does not live with the child is responsible for the travel expenses incurred by meeting the child. Parents can also freely agree on the matter. If the matter proceeds to court, the court will make a decision taking the parents' financial situation into account.
The higher the travel costs, the more justified it is to split the costs equally between the parents.
What does a child's shared residence mean?
Shared custody means that the child lives half of the time with one parent and half of the time with the other parent. The ratio doesn't have to be exactly 50%–50%. A situation where the child lives at least 40%of the time with the other parent is considered shared custody. If the child sees the other parent for less than 40%, it is considered child maintenance.
As a consequence of shared residency, both parents incur roughly equal costs for the child. Therefore, paying child maintenance may not always be applicable if the child resides alternately with both parents. The amount of child maintenance can be assessed With the publication of the Ministry of Justice.
The scope of contact rights affects child maintenance. Child maintenance is greater the less time the child spends with the parent they are visiting.
The child can live:
- primarily at the other parent's home,
- and take turns living with both parents, if this is in the child's best interest and practically feasible.
The form of accommodation is always chosen according to the child's individual needs and circumstances. The most important thing is to ensure the continuity of the child's daily life and well-being.
Shared residence is often a justified solution if parents have lived together with the child and are capable of taking care of the child. However, shared residence is not an option for a very young child. According to established practice, shared residence cannot be confirmed for a child under 3 years of age.
A young child's shared residence
Contact rights for a young baby should be arranged so that they are short but frequent. For example, a two-year-old living in a shared custody arrangement is not possible, as the child welfare officer will not approve it.
As the child grows, fewer but longer meetings will be considered.
Shared residence is possible once the child has turned 3 years old.
Mitä lapsen huolto tarkoittaa?
Child custody refers to parents' responsibility to care for the child's well-being, upbringing, education, and other daily decisions. The guardian makes the decisions For example, where the child lives, which school they attend, or what healthcare they receive. The guardian also has the right to receive information about the child's situation, for example from school and healthcare.
The Child Welfare Act states that child custody can be:
- Joint care, when both parents make decisions about the child together.
- Sole custody, when only one parent makes decisions about the child's affairs.
Joint custody does not mean that the child lives alternately with both parents, but that both parents participate in decision-making regarding the child's affairs.
How to make a custody agreement?
Parents can enter into an agreement regarding child custody, residence, and visitation rights. The agreement must be made in writing and confirmed by a child welfare officer at social services. The agreement then has the same binding force as a court decision.
If the parents cannot reach an agreement, they can seek help:
- About family mediation, where a neutral mediator helps parents find a solution that's in the child's best interest,
- ultimately from the court, which resolves the matter in the child's best interests.
When can a child decide where they live?
The child cannot decide for themselves which parent they live with. Ultimately, the court makes the decision. However, the rights of a 12-year-old mean that the child cannot be forced to comply with a decision they do not agree with.
When does a child's right to refuse contact come into effect?
The rights of a 12-year-old mean they can no longer be forced to meet the other parent.
The child's best interests are always paramount.
In matters concerning child custody and access rights The child's best interests are always the starting point.. This means, for example, that:
- The child's safety, stability and well-being are paramount.,
- A child has the right to both parents, provided it is in the child's best interest.,
- and the child's opinion shall be taken into account according to their age and level of development.
A meeting between a child and a parent can be confirmed by the child living with one parent and meeting the other. In this case, the meeting parent is confirmed with contact rights. Situations where contact rights are not confirmed at all are very rare and require weighty grounds. For this reason, the threat often heard during separation, ”I'll take the children and you won't see them,” is most often unfounded.
What if meetings don't go as planned?
Custody disputes can worsen if the visitations do not proceed as agreed. If a parent refuses to let the child meet the visiting parent, enforcement of the visitation rights can be sought in court. If, on the other hand, the visiting parent does not show up for the visitations or arrives, for example, intoxicated, the district court can be asked to change the judgment related to visitation rights.
Meetings can be changed to supervised meetings. The grounds for a supervised meeting include, for example, parental substance abuse and mental health problems, impaired parental ability to care for the child, and unsafe conditions in the parent's home.
Can a contact agreement be amended later?
If the parents are in agreement, they can always make a new agreement regarding the child's visiting rights. The existing agreement can also be changed by a court decision.
Acknowledgement of paternity
Paternity is not merely a biological fact, but a legal relationship to a child. Recognition of paternity brings with it, among other things, the child's right to maintenance, inheritance, and contact with the father. Read, How can paternity be acknowledged, when it becomes relevant and how parenthood is legally confirmed.
Can one relinquish custody?
A parent can, if they wish renounce custody, but it doesn't happen automatically. It's an official change that requires either mutual agreement between the parents or a court decision.
Summary
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.
In Asianajotoimisto Amos Oy, the lawyer is specialised in child custody and visitation rights cases. Samvel Margarjan, puh. 044 359 2655.
When can a child decide on contact?
Can a mother prevent a father from seeing the child?
Can a child welfare officer decide on sole custody?
What rights does a non-resident parent have?
How to apply for single-parent benefits?
Does a non-resident parent have an obligation to meet the child?
Does a child have an obligation to meet their non-resident parent?