What principles apply in Finnish child legislation?
Finland has a child custody and visitation law that aims to find a solution that is in the best interests of each child when making decisions about the child’s custody, residence and visitation. The Child Support Act stipulates that a child is entitled to support from their parents until they reach the age of 18. Parents are responsible for the maintenance of their child according to their means, and according to Finnish law, the parent who has access to it is responsible for the maintenance of their child. The child usually has to pay maintenance to contribute to the child’s livelihood.
One of the goals of the Finnish Child Welfare Act, as amended in 2019, is to protect children from unknowingly becoming victims of disputes between parents. In custody and custody proceedings, the parents are the actual parties to the case, but the law contains provisions requiring that the child’s opinion and wishes be sought, usually in the form of a report prepared by social services upon request from a district court.
How are decisions made about a child’s situation when his parents divorce?
Finnish law does not contain any provisions regarding a mandatory agreement regulating the living arrangements of a child in the event of parental separation. After a divorce, the parents can make an oral or written agreement about the care and custody, visitation rights, residence and maintenance of the child. Alternatively, they may prepare a written agreement on these matters in consultation with the local child welfare officer, who will be responsible for ensuring that the agreement is in the best interests of the child. An agreement drawn up by the youth welfare officer is legally enforceable, just like a court decision.
If the parents cannot agree on the child’s situation, a court will make the final decision. In Finland, the majority of parents can reach agreement on child-related matters, but around 4-5% of cases involving custody, visitation and residence are heard in court. More than half of child custody and custody disputes that end up in court involve requests to change a previous agreement or court order.
Child custody and child custody court proceedings are different from those in regular civil cases. Courts are obliged to look after the future welfare of the child, which imposes a number of special requirements on the legal process. Custody and custody proceedings are initiated at the request of one of the parties.
More than half of child custody and custody disputes that end up in court involve requests to change a previous agreement or court order.
Alternatively, custody cases can be resolved through court mediation instead of in court. In fact, mediation is the most significant procedural reform in Finland when hearing contested custody cases, based on an experiment conducted in court in the 2010s. The process, also known as Follo mediation after its Norwegian origins, has become a popular and effective method of resolving disagreements between parents without tedious litigation. Finally, the system has been specifically tailored to provide a better process for hearing child care and custody cases. The aim of mediation is to reach a lasting agreement between parents that is in the best interests of the child.
Another benefit of mediation is that reconciliation between parents promotes the best interests of the child and ensures that the child maintains a relationship with both parents. Unlike court proceedings, which tend to create conflict and mistrust between parents and are never a reasonable and appropriate option for the family or the child and his or her future prospects, mediation can also improve parental relationships and communication.
Mediation can be used to resolve differences of opinion between parents about the child’s whereabouts, access rights and maintenance. In addition, mediation can resolve a number of problems in the child’s everyday life that could not be resolved in court. A case may also be referred to mediation during the process. If this is the case, the proceedings will be postponed to await the outcome of the mediation.
The mediator is a judge specializing in family law who is assisted by a parenting and child development expert, usually a psychologist or social worker. The mediating judge is not the same judge who hears the custody dispute in court. The expert will be involved in the process to ensure that the mediation addresses all important issues and that the final agreement is in the best interests of the child. In the past, such a multi-professional approach has been rare in courts, but mediation has provided solid evidence that it helps judges and lawyers gain new insights into the development and well-being of children when working with those involved in mediation Experts work together.
One of the benefits of mediation for parents is that the judge and professional advisor can combine their skills to help the parent find a solution that is in the best interests of the child. In order to reach an agreement during mediation, parents are asked questions that prompt them to consider circumstances that are central to the child’s well-being. The purpose of the questions is to encourage parents to find a solution that is best for their child in the given situation.
Mediation is the most significant procedural reform in Finland when hearing disputed custody cases, based on an experiment conducted in court in the 2010s.
A central tenet of mediation is that it is voluntary and is only initiated with the consent of both parties. You must really want the mediation and have the right to end it at any time without giving reasons.
Mediation is informal and conversational, and parents may retain legal counsel to assist. The role of a lawyer in mediation is also completely different from that of a lawyer in court. The legal advisor acts as a participant in the mediation process and is also responsible for maintaining as friendly a relationship as possible between the parents and negotiating with the client to contribute to reconciliation.
Follo mediation outcomes range from full agreement to partial agreement or failure. If the parties reach a comprehensive agreement, the legal proceedings will be discontinued. Pending legal proceedings will also be discontinued. If mediation is unsuccessful and the case is pending in court, the proceedings will continue from the point at which they were reached at the start of mediation. If it is only a partial agreement, the court will only deal with the parts of the agreement that are still in dispute.
An agreement reached through mediation is equivalent to a court decision or judgment. However, a court may not confirm a settlement if it is unlawful, manifestly unfair or would violate the rights of third parties. Any confirmation of a child custody, visitation and maintenance agreement will also be subject to the provisions of the Child Custody and Right of Access Act and the Child Maintenance Act. In other words, the agreement to be confirmed must serve the best interests of the child.
Compared to court proceedings, mediation is seen as an additional advantage because the decisions are not made by a district judge, but by the parents themselves, who also have to live with the agreement reached. In addition, mediation offers the parties the opportunity to address issues that are important to them, even if they are not legally relevant. As a process, mediation is flexible and allows parents to express their feelings.
Compared to court proceedings, mediation is seen as having an additional advantage because the decisions are not made by a district judge, but by the parents themselves
Another advantage of mediation is that it is forward-looking and focuses on the common interests of the parents, whereas in legal proceedings past events are used as evidence and the aim is to prove the unfoundedness of the other party’s position. Procedurally, mediation is much quicker than court proceedings, as the mediation meeting takes place, if possible, within six weeks of the decision to initiate mediation.
What role does the lawyer play in court mediation?
It is quite common to rely on legal counsel during mediation, as most custody disputes are referred to mediation while legal proceedings are ongoing, meaning that the parents have already retained legal counsel. Parental separation can be complex and emotionally stressful, but even in difficult disputes an agreement or partial agreement can be reached, making it easier to deal with the case later in court.
The role of the legal advisor is crucial in mediation as he or she is expected to help the parties reach an amicable solution. Legal advisors also play a large role in whether the case goes to mediation at all, because they are called upon to assess the suitability of the case for mediation, recommend mediation to their clients at an early stage and inform them about the benefits and options of mediation.
Legal advisors should support the client in the mediation process and help reduce stress and uncertainty for him. The legal advisor explains to the client what happens in mediation, what possible solutions are available and what they mean and what the client can realistically expect. At the same time, he/she is obliged to intervene if parents behave inappropriately and to calm them down if necessary.
Legal counsel is often better placed than the client to identify the client’s interests, as the conflict may impact the client’s ability to understand the situation and move forward. When the client’s wishes conflict with the child’s best interests, legal counsel can help the client understand the child’s specific interests in the situation, even if this means the client must make compromises. The legal advisor’s job is to work with the parents to explore options and make constructive suggestions to find a lasting solution.
Anne Liakka, founder
Liakka Oy lawyers
Erottajankatu 15-17, 00130 Helsinki, Finland
Tel: +358 92516 6310
E: anne.liakka@aaliakka.fi
Anne Liakka is partner and founder at Liakka Oy lawyers, a law firm specializing in family and inheritance law in the heart of Helsinki. The law firm, founded by Anne at the beginning of 2022, offers clients a wide range of services in all matters of family law. Instead of litigation, the team encourages and supports clients in finding amicable and lasting solutions. The firm also offers family and inheritance law services with international implications.
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