Definition
\r\nMidlertidig avgjørelse (temporary order) is a court decision meant to stabilize a child’s situation while a larger custody case is pending. Under Barnelova § 60, the court may issue a temporary decision on parental responsibility, relocation abroad, where the child shall live, and contact/visitation.
\r\n\r\nWhy this matters on Do Better Norge
\r\nTemporary orders can decide the “starting position” of a conflict. In practice, status quo often becomes the long-term outcome if the temporary arrangement is allowed to harden into a new normal. Do Better Norge highlights the need for proportionality, balanced evidence assessment, and safeguarding the child’s right to meaningful relationships with both parents.
\r\n\r\nLegal basis (Norway)
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- Barnelova § 60 – temporary orders (“førebels avgjerd”). \r\n
- Preparatory works explain when the court must decide temporarily (e.g., credible risk of violence/harm). \r\n
What the court looks at
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- Child’s best interests (time-sensitive assessment, not a full merits trial). \r\n
- Risk indicators: violence, threats, instability, abduction risk, serious conflict escalation. \r\n
- Credibility and documentation: police reports, medical notes, messages, school/daycare statements, prior agreements, and a clear timeline. \r\n
Procedure (high-level)
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- Request (motion): filed by one party during or even before a full case is launched. \r\n
- Urgency handling: the court can prioritize speed; in urgent scenarios the court may decide with limited hearing (exceptional). \r\n
- Time limit: if a temporary order is made before a full case is filed, the court sets a deadline to initiate the main proceedings. \r\n
Costs: don’t ignore the basics
\r\nEven when you self-represent, court processes can involve court fees (rettsgebyr) and document costs. Consider whether you qualify for fri rettshjelp early, because a temporary order can be the most decisive phase of the dispute.
\r\n\r\nDo Better Norge practical advice
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- Document first: a clean timeline + exhibits beats emotional narrative. \r\n
- Ask for “least intrusive” measures if safety concerns exist (supervised contact, step-up schedules, neutral handover). \r\n
- Prevent “paper sabotage”: if the other party blocks contact, document every attempt calmly and consistently. \r\n
Sources
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- Lovdata – Barnelova § 60 (temporary orders) \r\n
- Regjeringen.no – Prop. 117 L (2024–2025) on § 60 and risk cases \r\n
- Lovdata – Supreme Court decision referencing temporary orders \r\n
- Domstol.no – Court fees (updated rates) \r\n
Note: This article is informational and not a substitute for legal advice.
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