Who will take care of your child if something unexpected happens? A topic many parents prefer not to think about
This is a topic most parents would rather never discuss. Difficult, emotional, and often postponed 'for later.' Yet, it is increasingly coming up in conversations with lawyers and family law specialists in Norway. It is also clear that many Poles living here are starting to think about it: what will happen to our children if something unexpected occurs?
Childcare
MojaNorwegia
This is not about scaring anyone or creating worst-case scenarios. It’s about responsibility and peace of mind – knowing that in a difficult situation, the child’s future is organized and decisions won’t be made hastily by institutions or the court.
What Norwegian law says
If one parent dies, parental responsibility usually passes entirely to the other parent. The problem arises if both parents die or are otherwise unable to care for the child.
In such cases, institutions and the court decide on further care. In practice, this means analyzing the child’s family situation and choosing a person who can provide stable living conditions.
Many people assume that in the event of a tragedy, children will automatically be cared for by their closest family. Unfortunately, this is not always so obvious. If parents have not previously indicated any preferences, the court must determine who should take over guardianship.
That’s why more and more families are choosing to indicate in advance who could take care of their child if needed.
Can you appoint a guardian for your child?
Yes. This is most often done in a will or a document associated with the will.
However, it’s important to know that such a provision does not mean guardianship is automatically transferred. The final decision always rests with the court. Still, the parents’ indication is very important information and often plays a significant role in the decision-making process.
- sibling(s)
- godparents
- close friends
- extended family
The most important thing is that it is someone who knows the child, has a relationship with them, and is ready to take on such responsibility.
Why it’s worth discussing this in advance
Many parents postpone such decisions for the future. Meanwhile, the lack of clear arrangements can lead to difficult situations – especially when different family members have differing opinions about who should care for the child.
Ideally, parents should not only indicate a potential guardian in their will but also discuss it with that person beforehand. Such a decision should be conscious on both sides.
This is also a good time to consider other matters: where the child would live, whether they would stay in the same environment, or if they would change country or school.
Where to store your will
Writing a will is one thing. Equally important is storing it safely.
In Norway, it is possible to deposit your will with the court (tingrett). The document is placed in an official deposit and, in the event of the testator’s death, is automatically included in the probate proceedings.
This solution offers several important benefits:
- the document will not get lost or destroyed
- the court has access to it at the right time
- it reduces the risk of family disputes
It’s worth remembering that in many inheritance cases involving people living in Norway, Norwegian law applies, even if the person is a citizen of another country.
A will is not just about assets
Many people associate a will only with the division of assets. However, it can also organize family matters and help secure the future of children.
We also wrote about why you shouldn’t postpone such decisions in the article: “Don’t leave things for later. A will in Norway is your peace of mind.” https://www.mojanorwegia.pl/zycie-w-norwegii/nie-zostawiaj-spraw-na-pozniej-testament-w-norwegii-to-twoj-spokoj-26249.html
A will is often associated only with assets. However, it can also contain important instructions regarding the future of children and help avoid many unnecessary problems.
ChildcareSource: MojaNorwegia
Where to start – a short guide
If you want to organize this matter, it’s worth following a few simple steps.
First – consider who could become the guardian. Most often, it’s someone from close family or a trusted friend.
Second – talk to this person. It’s important that they know about your decision and are ready for it.
Third – write a will or an appropriate document. It’s best to do this with the support of a lawyer familiar with Norwegian regulations.
Fourth – ensure the document is safely stored. Court deposit is one of the safest solutions.
Fifth – remember to update it. Family situations can change, so it’s worth reviewing the document from time to time.
Do you need legal help in Norway?
Matters related to securing the future of children, wills, or inheritance in Norway often look different than in Poland. The differences concern not only the procedure for drawing up a will but also the rules of parental responsibility and handling inheritance cases. Norwegian law in many situations is based on arrangements previously made by the family. However, if there are no such arrangements, decisions may be made by the court, and proceedings can be lengthy and stressful for loved ones.
If you have doubts about your will, securing your children’s future, or other legal matters related to family and assets in Norway: Contact Advokatfirma Nierzwicki & Bluszko AS.
The law firm specializes in helping Poles living in Norway with family and property matters. They combine knowledge of the Norwegian legal system with an understanding of the realities and needs of Polish clients.
Contact us to discuss your situation and make sure your rights and your family’s future are properly secured.
Advokatfirma Nierzwicki & Bluszko ASAdvokatfirma Nierzwicki & Bluszko AS
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