пятница, 27 января 2017 г.

The children Act

I found children have insufficient rights. I am 19 years himself and remembers how hard it was being a child, especially before I turned 16 years old. People do not listen to you, and I dream to become a better adult than some of the adults in my life has been. Listen to your children, and if they will not give anyone a hug as they drop, you Maar teach your kids early on that they have the right to say no and refuse physical contact if they are not comfortable with it. Teach them that their body belongs to them and nobody else. If not then I hope your children will be taken away from you.

I am 14 and a half years old. My parents divorced when I was 5-6 years. Since then, my father has been a total asshole to my mother, and, inter alia, been on family office and planted false stories about how a bad mother she is. That's not true, she is absolutely stunning & takes good care of me (unlike what my father has exposed me to). And because of age, I could not get stood up for my mother yet, and now is the time! Now that I have grown older I have the opportunity to speak my opinion and be heard. Me and my mom went to the police during Christmas and would tell that I felt threatened by my dad, he always almost forces me to be with him and his new girlfriend. And when he said that "I have me infinne me with him" for the New Year, I was scared. And he has before come to the house to mom and forced me in the car rather unpleasant conversations, many times and unannounced. I wish, from the bottom of my heart, to stay with my mom. Dad is cocaine dependent and he knows once not that I'm aware of it. ENOUGH IS ENOUGH! My ppm. is whether I have the right money to a (family) lawyer to represent my vote? - Mom and I have already tried a lawyer, but he was worth nothing for the weak work he did, but still ended the bill up to 10 000. My father has now again gone to family office and think that I should stay with him, and it is highly likely that he will get their way now, because all the times he has gone to family office has become a lie after lie after lie ... I think that I have been too weak with the police, because they would not make a case number on me . I thought that telling the truth was the best, but I should have exaggerated a bit so we got a case of it ... My father psychologically abusing me. No, I will not be with him any more, no matter if he tells me that everything is going to be "so much better" ... Help! Other ppm: Does he have the right to cut mom out of all contact with the school when they have shared parental responsibility? Can my school "taking sides" with my father and mother cut out of a school project where we will be been for a girl from another country? & Say that she is not capable of such ansnvar based on zero reason and only from my father's mouth? I am eksteremt sad and sorry. For a month now I've been through tremendous pressure and stress from my own school and my own father. All I want is to be with mom and continue at a school where teachers do not bully me longer!

Children Act regulates, among other parental duties and responsibilities for children and children's rights against parents. It provides inter alia the right to decide for themselves some important questions after you have turned 15 years.

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The children Act

The Children's Act (Act on Children and Parents) is divided into many chapters which among other

Provisions which considered the child's parents
Provisions concerning custody and care,
Right of access for children and parents and
Provisions on parents' duty to bear expenses on such support and education of their children.
Many of the provisions governing the rights and obligations when parents do not live together, for example when they are separated or divorced. Here we will particularly look at the provisions on parental responsibility, visitation and parent duty and how they affect children and youth rights.

Parental responsibility for children
Parental responsibility is about protecting and safeguarding the child's interests and needs throughout childhood. Parental responsibility gives a duty to provide child care and a right to make decisions for the child on important issues.

Also read: When are you old enough?
The most common is that parents have custody of their children. Are parents died, or unable to have parental responsibility may parental responsibility given to others close to the child, such as a close relative, or another guardian. For your convenience, we are talking here only about 'parents'.

When parents live separately
Children Act allows parents to have custody together even though they live separately. Is this not possible, for example because the parents can not cooperate, it can be determined that only one should have custody. Where parents do not live together, it must also be determined who the children will live permanently.

Children can either reside permanently with both parents or with one parent. The parents do not agree with these key issues, the authorities, usually a court, taking decision. Are children under 16 years should mediation between parents be tried before matter can be brought to justice. The judge should talk to the child or young before the case is decided.

Also read: Bickering, strict limits and trouble at home?
The decision shall always abide by what is best for the child or young. It is only parents who may sue for infringement. The young have no such access.

You are entitled to care
Children and young people are entitled to care and concern from parents. They have the duty and right to make decisions for your child in personal circumstances, when the child can not decide for themselves.

Parents have a duty to provide children and young justifiable 'upbringing' and dependents, and shall ensure that the young people receive schooling and education in accordance with abilities and interests. Parents should always have children's interests and needs in mind in their upbringing.

The Children Act prohibits the use of violence (stroke, etc.) or other harmful and humiliating treatment as 'rearing method'. Serious violation is punishable, and can also cause the child protection must intervene within the family.

You will be heard
The Children Act states that parents must give their children increasingly self-determination with age (§ 33). As your child develops and matures, parents should listen to what the child has to say before they take decisions about personal matters for the child.

When you have completed seven years you shall have your say before the parents (or others with parental responsibility) takes decision about your personal circumstances (such as clothing, bed times, schooling) but also in cases concerning which parent to live with if parents do not live together. Parents should emphasize what the child thinks.

The Act stipulates that when you are 12 years of age, it should be emphasized what you mean. Then you get could give your opinion before a decision about your personal circumstances, such as which parent to live with if they live separately.

Also a public authority, usually a court, which must decide on an issue that concerns you will hear your opinion before deciding the case. Emphasis should be placed on what you mean (§ 31). The older you get, the stronger reasons are required before it can be determined that you will stay with another parent than you wish.

When you are at least 15 years, the Children's Act provides the right to decide on two important areas (§ 32):
1. Election of education

Firstly do you have the right to decide questions about choice of education. So you can decide if you want to begin or continue in high school and decide the line selection. However, we would advise you that you always discuss such important issues as the choice of education both with parents and with the school before taking any decision.

2. Religion / Politics / Organizations

When you turned 15, you can also freely opt into or out of, associations. For example, enrolling in a political youth organization, and your parents can not stop you this even if they completely disagree in your policy choices. If your participation would involve large costs, you have not, however, without further claim that your parents cover these.

Several other laws give you the right to decide for themselves when you have turned 15 or 16 years. In adoption cases have autonomy from the filling 12 years.

Children are entitled to be accompanied by parents
The Children Act states that an important principle that children are entitled to access to both parents even though they live separately. Parents have a mutual responsibility for that child visitation rights are fulfilled (§ 42).

If parents, in consultation with the child or the young people themselves, can not agree on how often or long to be gathering, or how access is to be organized, each of the parents demand that the government, as a rule, a court decides the case. The child or young person can not even raise your concerns. As the proceedings concerning parental responsibility or permanent residence shall mediation be tried if your children are under 16 years old.

Similarly, the court shall hear what the child or young have to say before deciding the case, and you are over 12 years, will carry great weight to what you want. Decisions regarding intended primarily abide by what is best for the child or young, not what the parents want. The older you get, the stronger reasons will be required to resolve a share access arrangements you do not want, or take from you a get-together as you wish to continue.

Sustainer obligation - until you are 18 years
The parents (or others who may have gotten custody) has a duty to support you financially until you turn 18 (§ 68). This applies both daily subsistence and expenses for schooling. Deliver your parents individually, it can not live together with the obligation to pay permanent alimony to the person caring for you (§ 66).

The parent not living with may require special contribution in the event of particularly large expenses (§ 67). Practical examples are additional contributions to confirmation, glasses and braces.

The Children Act provides that if after you have turned 18 will 'continue to schooling to be reckoned as usual', you are entitled to contributions until you have finished school (§ 68). In practice this means that as a rule entitled dependents until you have completed high school, unless this would be unreasonable from your parents' financial position.

In practice it is very rare that it exacted parents contributions after the young age of 20. For tertiary education, the young do not normally expect that parents will be required contribution. But there is of course nothing wrong that parents voluntarily participate in the financing of the adolescent trials!

Matters concerning the determination of alimony is determined by the local NAV office as maintenance enforcement.

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The Act of 26 March 2010 guardianship (Guardianship)
The law regulates children and youth economic conditions, and including rules on when the young people can decide for themselves. Can the young not decide for themselves in economic conditions, the guardian who takes the decision. In most cases, the parent who is guardian.

If parents are dead, or for other reasons do not have guardianship, appoints a guardian county. Parents or guardians should always take care of financial matters in the way that is best for the child or young person, and should not even have any economic impact of this.

Guardianship Act states that the young people who have turned 15 years old can take their own work, that they can support themselves with.
Are you turned 15, you can enter into a contract of employment itself. You can also terminate the contract of employment itself. But the parents or guardian can terminate the employment contract if they find that the interests of the minor require it (§ 10).

As minors reigns even over means you have earned by working after the age of 15 years, or the parents or others have let you get to willfulness, such as gifts.
The parents or guardian can take the advice of the young if the funds used in a malicious manner, such as alcohol or drugs. If the minor has turned 15, required the consent of the county governor to deprive the mindrårige sovereignty.

Underage who live for themselves, can make such arrangements as is common in daily household, such as pay rent, electricity, buy your groceries etc.
You still can not on their own be included rent contract as long as you are under 18 years. When required the consent of their parents or guardian. Uses the young assets otherwise than for daily household, the parents or guardian, with the consent of the county, taking the young the right to dispose of their own (§ 13).

Before the parent or guardian decides matters about your financial circumstances, you are entitled to state your case if you have reached 12 years. You can appeal to the county if you are dissatisfied with the decision (§ 17). If you choose to appeal, we must assume that it is a bit larger values, and not, for example, whether you should get 50 cents more a week in spending money or not.

In some cases parent or guardian must have the consent of the county before they take decisions about your finances, this applies in particular to real estate. Your parents can not sell it without the county agrees (§ 39).

The children Act
The law does not answer all questions
We have a great understanding of children and young people may feel the need for more concrete and direct answers to their questions about the rights and duties. Many of the questions to ung.no goes precisely what and how much the young people themselves can decide when parents say no. But it's enough so that the Children's Act (Act on Children and Parents), like most other laws must be interpreted in order to arrive at a result that is appropriate in each case. The law provides no "catalog" with concrete answers and solutions to all questions young people have.

Two important principles
The Children Act provides inter alia two important principles: When the young age of 12, parents should attach great importance to what he / she thinks. Moreover, parents should give the young increasingly self-determination with age and until he / she reaches 18 years. This is the legal requirement for parents, but they provide no direct answer in concrete situations. Just two areas give children the law directly answers - choice of education and membership in associations determines youth over 15 years even.

Many laws have provisions on children's rights
Guardianship Act (young and economy)
education Act
Guardianship Act (young and economy)
labor legislation,
health legislation (including the Patients' Rights Act)
social and child welfare legislation,
legislation on church and religious communities,
criminal law,
process and management legislation for young people to participate in legal and administrative matters, etc.
Many of these laws gives young a large degree of autonomy.
Young over 16 years, for example, largely full autonomy in health matters that concern them. We can not go into detail into all this in the answer here, but advise you to apply for ung.no their websites with links to many other sites of interest.

Many laws governing child and youth rights were updated and clarified when the UN Convention in 2003 was made a part of Norwegian law through the Human Rights Act. The conventions are made part of Norwegian law through the Human Rights Act has been given precedence. That they should have priority over other laws by contradictory.

Text: Children, Youth and Family Affairs

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