Custody of a child is a right and an obligation under Finnish law. It means that the guardian is responsible for the welfare, upbringing and representation of the child. But can a parent give up custody - or lose custody against their will?
In this article, we explain how custody can be relinquished and when it can be intervened by the authorities.
Voluntary relinquishment of parental responsibility
A parent can give up custody if he or she wishes, but this is not automatic. It is a formal change, which requires either a mutual agreement between the parents or a court decision.
When can a waiver of parental responsibility be considered?
However, custody of a child cannot be unilaterally relinquished so that the parent no longer has any rights or obligations towards his or her child without a court order or a transfer of custody as required by law.
- The parents agree that one of them will take sole custody.
- The parent feels unable to look after the child because of illness, life circumstances or substance abuse, for example.
- The other parent has been completely absent from the child's life and does not want to be involved.
How does relinquishing custody work in practice?
Contract with a child minder
Parents can jointly agree that custody will only pass to one of them. This agreement is made with the municipal children's guardian and formally confirmed.
Decision of the Court of Justice
If the parents cannot agree on the custody of the child, the matter can be referred to the district court.
The child's right to maintenance
For example, relinquishing custody does not release a parent from a maintenance obligation. A child is entitled to maintenance even if both parents do not have custody.
Loss of custody against your will
Custody can be removed from a parent if he or she is considered to be unable to look after the child's best interests or if custody is clearly not in the best interests of the child. This is always done by a court decision.
Below are some of the reasons when and why custody can be removed:
- child abuse or ill-treatment
- a serious substance abuse or mental health problem that endangers the child's well-being
- neglect, negligent treatment or abandonment of a child
- a violent or dangerous living environment
- shared custody does not work and is harmful to the child.
The decision is often preceded by a report from the social services, and the court assesses the situation from the point of view of the child's best interests, not on the basis of the parent's wishes or mistakes alone.
What happens after custody ends?
If a parent is no longer a guardian, he or she can no longer make decisions about the child's affairs, such as education or healthcare.
- The other parent may still have right of access, if it is good for the child.
- Unless otherwise agreed, the other parent is still responsible for maintenance.
- The other parent can apply to change the situation later if circumstances change.
Can the child himself/herself influence the termination of custody?
The child's opinion is consulted according to age and developmental level, especially when it comes to changes in custody. In particular, the wishes of children over 12 years of age carry considerable weight in the assessment of the courts and authorities.
Summary
You can give up custody of a child, but you need a formal decision or agreement to do so. Custody can also be lost if the parent is unable to look after the child's interests. In all situations, the child's best interests are at the centre, not disputes between the parents or their wishes.
Custody is not a right towards the parent, but a duty towards the child.
Those providing assistance:
- The children's supervisor (municipal family services) offers help with contracts and advice.
- Contact the social services if you suspect your child is at risk.
- A legal aid office or lawyer will help you take custody cases to court.
Child custody and rights of access are key issues when the family situation changes. In Finland, legislation supports parents in working together to make decisions in the best interests of the child. Where necessary, society offers support from the authorities and legal means to protect the rights of the child.
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.
At Amos Attorneys at Law, we have a lawyer specialising in child custody and access issues. Samvel Margarjan, tel. 044 359 2655.