An incomplete list of reasons given by the child protection services (CPS) of the Nordic countries for depriving children of their parents

April 3, 2024

By Marianne Haslev Skånland

The list below was initiated on the 14 March 2012 and new points are added as time allows. (Click on the link after the article to see that item #75 was just added.)

The list contains arguments all of which have been used by the Nordic child protection service (CPS) and/or allied professions and people, in actual cases, such as in case reports and in court when the CPS argues for the necessity of taking children away from their parents and placing them in foster homes or institutions. They bring up the same kind of arguments to prevent foster children being allowed to return home in cases in which both parents and children say clearly that they want to be reunited. A couple of standard arguments are then added: The foster child ‘has now developed attachment to its foster parents’ (even when the child says no) and ‘the child must have routines and stability and not be moved’ (even when the CPS has moved the foster child many times).

It is serious that these types of argument are allowed in our courts and are even accepted by our judges. Most revealing of all is the fact that such arguments are suggested by the CPS at all. If there are really as many children as the CPS claims living under so seriously bad conditions that it is clearly necessary to take them out of their homes, why then are arguments like those below brought up at all, and in case after case?

And why does anybody believe that ‘child experts’ who come up with that kind of argument – even had it been only in a single case – can be trusted in their ‘diagnosing’ of other cases?

No conclusion is therefore possible other than this one: Children are being taken away from their parents and their home for no acceptable reason. Social workers and psychologists who eagerly argue in favour of depriving children of their parents, have their reasons, but they are not acceptable and are not at all in the best interest of the child.

*

(1)  The father is out of work and cannot support the family.

(2)  The father is ill and the mother cannot get paid work. Therefore the family is too badly off to pay for toys and for school and after-school activities for the children. [The foster home received many thousands of crowns each month for each foster child.]

(3)  Clean clothes are not placed in ‘military order’ in the cupboard.

(4)  The psychologist registered that the mother could not make an omelet to his satisfaction and she cuts the bread into too thick slices.

(5)  The child looks eagerly at strangers around it and smiles at them. This means that it is not attached to its mother. [The mother stood talking to some people after visiting the social security office, while the baby in the pram looked eagerly at people around it.]

(6)  The baby turns its face the wrong way when its father washes it. [Probably an insinuation that the child did not want to look at its father because it disliked him. In reality perhaps it didn’t want to get soap in its eyes, so what is the ‘wrong’ and ‘right’ way to avoid that?]

(7)  The mother uses too much soap when cleaning. [Reported to the CPS by a ‘home helper’ who had been instructed by the CPS not to help with practical work but to ‘observe’ the family.]

(8)  The father is too active, the mother is too passive. [CPS observers are frightening enough to make anybody either, out of sheer nervousness.]

(9)  The father has a foot injury and cannot stand on a ladder. Therefore he is not able to clean the top of the window frames.

(10)  The house does not have an indoor toilet but outdoor conveniences. [This assessment made by the CPS makes one wonder how they imagine generations of people survived in Scandinavia in previous centuries when everybody had outdoor toilets (not in the open, of course, but in a shed separate from the house and without any heating) and no CPS to ‘protect’ children against them. They were even in use in some parts of downtown Oslo 60 years ago and are still common with summer cabins and also with many winter cabins up in the mountains – can be freezing cold.]

(11)  The mother has made a previous landlord angry because her cats had urinated on the floor. [This had happened several years before her daughter was born, but it was used as proof that the mother did not provide a good environment for her daughter.]

(12)  The child is not interested in the ‘concept training’ in kindergarten.

(13)  The mother wants to let the children’s grandmother bring them to and from physiotherapy and other medical treatment which they need, instead of taking them herself. In this the mother puts her own interests before the children’s. [The mother, who is a single provider, has started an education and goes to classes at the relevant times. The grandmother is more than willing to take the children to their treatment. The CPS works to pressure the mother into giving up her professional training – which would keep her locked in the power of the social services for financial reasons – to take the children to treatment herself and they try to forbid the grandmother to do so.]

(14)  The son plays truant from school. [The mother even took unpaid leave from her work in order to walk with him to and from school. The CPS still blamed her for the boy’s not liking school.]

(15)  The parents have asked the CPS for help because their child does not keep up with what he should learn in school. [Actually, many cases start by parents asking for some kind of help. They are then branded as incapable of giving care.]

(16)  The mother is very small. When the daughter grows to become a teenager, the mother will not be able to tackle her.

(17)  The grandmother is 54 years old. She is too old. The mother’s sister is 28. She is too young. [The boy’s mother had died and the family wanted to care for him. He was 12.]

(18)  When visiting the children the grandmother wanted to embrace them. The CPS had to stop that, since it can create an unwanted attachment.

(19)  When asked by the judge if she wanted to go home to her parents, the girl replied ‘yes’, but that is what all foster children want. She did not give any reason for wanting to go home. [From a court judgment. The fact that all/many want to go home is, in other words, turned into an argument for denying them the right to be reunited with their parents. The girl was 13 years old. She later said that the reason she had not replied to their ‘Why?’, was that she thought the judges were insane, since they could ask at all for a reason why she wanted to go home to her beloved parents.]

(20)  Well, the girl says she wants to go home but of course she must be allowed to go on living in the foster home. [Said in court by the girl’s lawyer, who had been appointed by the authorities, completely against the girl’s own wishes, to represent the girl’s interests. Such lawyers regularly ‘represent’ the private client(s) but say what the CPS wants to hear.]

(21)  The mother suffers from depression so one baby is enough for her to cope with. [The mother had twins and the CPS took one.]

(22)  The mother has a bad back. She cannot take care of more than one child. [The CPS took the other child.]

(23)  The mother is physically handicapped and does not have the full use of her legs. Therefore she cannot play with the children in the sand-lot or go skiing with them in winter.

(24)  The mother is a person who abuses medication. [The medication was prescribed by a doctor for a purely physical illness.]

(25)  The parents want to keep the child with them and do not want it to be placed in a foster home. This proves that they cannot cooperate with the CPS in the best interest of the child.

(26)  The father has a negative attitude to the CPS.

(27)  The parents will not let the psychologist film them at home to show them how poor their interaction with the child is. [Such filming is often called ‘Marte Meo method’. There is, however, no particular method for selecting situations to be filmed, nor for analysing what has been filmed or what is ‘wrong’. One is reminded of German Nazis, who used to film the helpless victims of their medical experiments.]

(28)  The CPS offered the mother a ‘home milieu therapist’ to visit the home. The mother would not receive this helper, she said she did not understand what the therapist was supposed to do. Therefore, the CPS has not been able to uncover the degree of neglect the children are living under. [As clear a disclosure as any of the CPS’s real purpose of sending someone into the home.]

(29)  The parents have complained that their son is bullied at school and that the school authorities do nothing to stop it. This points to the parents not being able to cooperate with the school.

(30)  The parents have publicised their case in the media in order to get their daughter home from CPS care. This is so sensitive for the daughter that she would not be able to function in the local community outside their own house. [On the contrary: The local community was in reality solidly on the family’s side. After the girl had fled the foster home and absolutely resisted being carted back to the foster home once more, she of course functioned very well back in her parents’ home in company with her friends, at school and in the local community generally.]

(31)  The daughter does not like fish-balls. This is a clear sign of incest.

(32)  The child eats so fast that it must have been exposed to incest. [Reported by the personnel in a kindergarten, who are trained – like CPS workers are – in looking for ‘signs’ of abuse or neglect.]

(33)  The child eats so slowly and unwillingly that it must have been the victim of incest.

(34)  Alcohol is consumed in the home. [The children’s grandfather had been having a beer while he watched a football match on tv. When such a completely normal situation in very many Norwegian homes is mentioned in the CPS report, it at once insinuates that the alcohol habits in the home were beyond the acceptable.]

(35)  The child is selective as regards whom she will play with in the kindergarten. She plays with little stones a lot. [Given by the kindergarten as one of the reasons for reporting the parents to the CPS. The girl was 6 years old. All her playmates had been slightly older and had left the kindergarten and gone to school. Not unnaturally, she was bored by being with only younger children. The CPS were alerted by the kindergarten about this ’cause for worry’.]

(36)  The child’s linguistic development is delayed, due to insufficient stimulation from its parents. [Children vary up to several years in how their language develops. No particular stimulation is needed, however, the development up to full competence is biologically driven and takes care of itself, unless everybody in the child’s environment is a hundred per cent quiet.]

(37)  The mother puts her own needs before those of her daughters. [Stated by a CPS psychologist in court to be a general characteristic of the mother’s behaviour. Asked to specify at least one instance of this, the psychologist thought for several minutes and finally said that the mother had taken a quarter of an hour out of a visitation with her daughters to go away from the daughters and smoke a cigarette outside. – The visit in fact lasted for a whole day. Both mother and daughters longed to be reunited and the girls longed for home. The mother was at one point on the edge of crying because she was not allowed to let them go home with her. She did not want the girls to see her in tears, out of fear that the CPS would, if she cried, accuse her of ‘exposing them to emotional outbursts’, which she knew from experience that the CPS would do. Going outside to smoke helped her master her emotions. She went outside also because she did not want to smoke indoors or expose her daughters to smoking. – The daughters were actually not upset to be alone for 15 minutes, since they knew their mother was just outside and they knew about not smoking indoors.]

(38)  The parents have tried to make the County Governor and politicians take up their case in order to get their daughter home from foster care. They thereby prove that they are not able to give care.

(39)  Take their passports away from them! [Suggested by the head of a CPS unit wanting to stop parents whom the CPS wanted to ‘investigate’, from going abroad. She evidently wanted the Norwegian police to carry out these confiscations on behalf of the Norwegian state, but still intended not only Norwegians passports to be taken but also those of foreigners in Norway holding passports issued by their countries.]
  
(40)  The mother will not give us insight into her private life, which indicates that she has something to hide. [CPS workers are always looking for something – anything – to use against parents. If a parent is open about private matters, any problem they may have or have had sometime in their life, however normal, is sure to be used against them in the case documents and in court. If the parents choose to say ‘My purely personal affairs are nothing to do with the CPS’, that is, as in this case, also used by the CPS.]

(41)  The boy’s parents fail in their care for him; they do not give him enough to eat. [The mother of one of the boy’s friends noticed that he ate a great deal of cake when he visited her son in their home, and she reported this to the CPS as a cause for worry.]

(42)  The parents do not want our therapy. They say they are depressed after their child has been transferred to the care of the CPS but they refuse to receive therapy which would make them understand that they must put their own wants behind what is best for the child.

(43)  You must write quite differently if we are to win through getting the child transferred to public care. [Said by an instructor to a class of general social workers whom he was teaching about child protection. They had as an exercise been asked to read through the documents in a case and write a report summarising the information as a preliminary to further case procedure. They had written a realistic report, mentioning and assessing good as well as bad in the family’s situation.]

(44)  On one occasion the child found a piece of paper and started nibbling at it. The mother did not discover this. [Claimed by a social worker in her report of an inspection she made in the home. The mother objected that she had in fact discovered it and taken the paper away. Since she had no video-recording of the inspection visit, the social office would not accept her information, stating that she could not prove it.]

(45)  The mother suffers from a deep ambivalence regarding entering into inter-personal relationships. [Stated by the CPS in a would-be ‘evaluation’ of her ability to ‘form a relationship’ to her child as well as to other people. The mother’s partner said that he had never noticed any such ambivalence.]

(46)  Because of her good intellectual functioning and verbal skills we are of the opinion that the mother has been judged to function better than she really does.

(47)  The mother wants to stay in bed in the morning. [The baby usually woke up at about 6.30 – 7 in the morning. The mother would then get up and change and breast-feed it. The baby used to go to sleep again at about 10 a.m. The mother, who by then was tired, wanted to rest while the baby slept. She was denied this by the personnel at the institution for mother-and-child, run by the CPS, where she was living.]

(48)  The CPS is worried about children growing up with parents with psychiatric conditions. [The CPS makes no attempt to differentiate between conditions that do not harm the relationship parent-child and those that do. ‘Psychiatric conditions’ here includes everything from heavy psychoses to light, temporary feelings of depression or dejectedness or worry over practical problems. By some psychologists/psychiatrists about 800,000 Norwegians are estimated to be subject to such conditions.]

(49)  Parents will never be able to fill the parental role if they for example tell their child coming home from school: “Tomorrow we are going to move.” [Stated by a social worker in a newspaper article arguing for the CPS as superior caretakers of children. – The CPS is actually even more abrupt than such condemned parents: They fetch children out of the classroom saying “You are being moved away from your family now.”]
  
(50)  No, it’s you who are mad. [Said by a CPS worker to a very alarmed mother who said of her son: “Oh, but he is ill!” The boy had been taken by the CPS, and when his mother was after many months allowed to see him, he had lost almost 10 kilos. He was about 12 years old.]

(51)  The boy is thirsty and drinks a lot. This is his mother’s fault. She has given him bad food-habits at home. [Said by the foster parents (of the same boy as in (50) above). The boy finally had to be taken to hospital and was at last diagnosed with diabetes. His mother was chased away from the hospital when she wanted to visit him there. The boy was even after this neglect shown by the CPS and the fosterparents not allowed to go home but was sent back to the foster home. He tried to commit suicide there by injecting himself with an overdose of insulin. When telling the foster father what he had done, the foster father was irritated and sent him to the hospital alone in a taxi.]

(52)  The mother has been in CPS care herself. [One would think that the CPS, who maintain that their ‘care’ is unquestionably good and always saves children, would count it an asset that a mother had been in public care. But no, even persons who have been in their care for 10 years or more in their childhood, are regarded with suspicion when they become parents. Suddenly the CPS ‘care’ they have been given is not trusted to have benefited them after all. Any failing on their part is labelled ‘failure to give care’ and attributed to their own parents having ‘failed’ them and passed on this defect as ‘social inheritance’. The contradictory nature of CPS actions revealed by this argumentation is never admitted by the CPS, the courts or bureaucrats and politicians supporting the CPS.]

(53)  When the child fell over, the mother just picked her up and put her back on her feet, without comforting her verbally. [The little girl had not cried and was not unhappy. She was just beginning to walk and often fell over without hurting herself.]

(54)  The parents have a very small network. [Used in very many cases, to insinuate that neither are the parents surrounded by a lot of relatives and friends who can give help, nor are they likeable persons who give their children a good social setting.]

(55)  The fact that the mother, at the age of 38, moves back to live in her widowed mother’s house, is not likely to convince us that she is able to take care of her son as a responsible adult should. [Stated in a writ to the court by the municipality which had taken her son. The municipality/CPS were confronted in court with the fact that they had in this way tried to ridicule the mother over having chosen living arrangements which are extremely common in communities all over the world. She was a single mother, and had moved from Oslo, where there was no longer any reason for her to live as far as work or the presence of friends were concerned. She had moved back to her childhood community both for sensible financial reasons and to be close to her relatives and some friends. (The presence of a network is, in other words, here not at all counted as positive, cf (54) above.) She at first lived in her mother’s house with her child, who was returned to her by the court, and was later able to build her own house in the neighbourhood.]

(56)  If the boy is not kept under firm CPS authority until adult age, but is allowed to go home to his mother, he will likely develop into a dangerous criminal. [Stated in a letter written to the court by a psychologist the CPS wanted to use against the boy in court, even after they had been stopped from using that psychologist in the court case in which the boy and his mother tried to free him from the CPS. The boy had been taken from his parents when he was five, on the basis of a wrongful incest accusation. The parents had long ago been found innocent and received compensation in court. Still the boy was kept away from his family by force by the CPS, in foster home and institution life, both of which had made him desperately unhappy, for more than 10 years in all. – It is actually statistically quite on the cards that children who have been ‘treated’ by the CPS will go into crime, and the prison-like conditions under CPS is even found by many to be worse than ordinary prison. But the CPS completely fails to face the realities of cause and effect.]

(57)  There is hardly anything in the way of children’s clothes and toys for the boy in the flat. [The mother’s response to this accusation in a CPS report was to laugh, open cupboards and drawers and show them that her son had plenty of toys and clothes. The next version from the CPS was then to claim that the mother was unnaturally concerned about clothing and toys.]

(58)  We cannot know what kind of life the children have with their parents. [Reason given by a municipality board as justification for letting the CPS take the children from a family and refusing to let them return home, in spite of copious evidence given before the board of a very good home life. After being taken the children had guards every minute at school to stop them from escaping, and were not even allowed to close the door when they had to go to the lavatory at school. Both parents had professions at which they worked in their home, and wanted to home-school the children, but the children had had plenty of other interaction with other children in the area.]

(59)  Some pairs of children’s skis were lying on the ground instead of being placed in strict order up against the wall. This shows the family to lack in order and structure. [Used as an argument in a report from a ‘home visit’ by the CPS.]

(60)  The mother says no to letting her fourteen year old daughter go to a party. [Pointed out by a school psychologist in a report to the CPS, as an argument against the mother’s care. The girl wanted to go to a large rowdy do. The mother had said “No, you are not to go to that booze-up and stay out all night.” The girl then complained to the psychologist. He advised her to ask her mother again, and furnished her with arguments to use against her mother’s refusal. The answer was still no. The psychologist then wrote a report in which he claimed that this mother had difficulties establishing clear limits for the daughter.]

(61)  The mother’s own parents died early. That will make it difficult for her to be a good mother herself. [An example of a typical, primitive environmental-deterministic view found among CPS social workers and their psychologists, who hold that people have no ability to manage their lives in a positive, self-reliant way.]

(62)  No! Nobody is able to work their way out of their problems themselves. They just get heavier and heavier until one breaks down.  [Stated by a head of the CPS in a court case against the CPS for damages caused to a mother whom the CPS had harassed with ‘investigations’ when she was in a temporarily difficult situation for which she had sought advice. – The same general view as in (61).]
  
(63)  The mother is clumsy when using the tin-opener. [Statement by a psychologist.]

(64)  The father seems stressed when the CPS workers are present. [Hardly to wonder at. The opposite would have been more abnormal, considering how the CPS proceed and the powers they have.]

(65)  The mother does not stimulate the child verbally in the food-situation.

(66)  A 12 year old son and his mother eat when they are hungry and not at a fixed time every day. [The CPS were not interested in the fact they had a very healthy diet.]
(67)  The parents do not notice the child and the child’s needs. [Cf (68).]
(68)  The parents are too concerned with the child and over-protect it. [Cf (67).]

(69)  But you have siblings in the foster home, haven’t you? [Argument suggesting that the foster home was a better place than the home of the parents, because there were also other foster children in the foster home. The argument came from a member of a county committee (an administrative unit which makes first decisions in cases regarding forced removal of children from their parents or their return home). The case was one in which the parents and the daughter wanted to be reunited and the girl had fled the foster home. To the argument about ‘siblings’, the girl answered, with contempt: “There were some people living there. They are not my siblings.”]

(70)  The boy shows strong reactions during the process of being returned from the foster parents to the parents. The child protection service has the theory that this is due to his having been traumatised by his mother breast-feeding him for the first two months of his life, and that he was re-traumatised at the returning process. [Argument used by the the child protection service of Haugesund as a reason why they refused to obey a judgment from the Supreme Court which decided that the boy should be returned to his family.]

(71)  They have moved a lot. [This mother had moved, with her child, 3-4 times. The last time was when she moved from a flat in the basement to a flat some stories up in the same apartment building, because it was a nicer flat with more sun. – Moving is in some instances a result of poor economy and being unemployed. To consider moving negatively has long roots in Norwegian ‘culture’: a nomadic way of life is looked down on as suspicious. The worst manifestation of such views has been the persecution of the ‘Taters’ (a gipsy-type population group in Scandinavia), who have been regularly hunted down and the children abducted, sterilisation also used. The opinion of moving is standardised in the CPS idea of ‘vagabonding’ and is considered a factor in ‘care failure’. The ‘care’ of children in the CPS’s hands often leads to considerably more moves (up to 10-12), from temporary foster home to ‘permanent’ foster home and on to other foster homes and institutions, again and again, without, however, this being considered care failure carried out by the CPS. When parents move with their children, the children at least have the parents stably with them all the time. When the CPS moves them, they have nobody permanent.]

(72)  There really must be something about you which we don’t know about, something which makes you a bad mother. [All previous reports and opinions in the case had shown this to be a good mother. But the CPS ‘considered’ her to be a bad one, and this was the argument they held to support their opinion. They had no other arguments.]

(73)  The mother is extremely changeable in her contact with her daughter, either very intense or passive.

(74)  A is a smiling baby. [From case document.] A is a silent and rigid baby. [Somewhere else in the same document.]

(75)  The parents are not capable of cooperating with the school. That is care failure on the part of the parents. [Their child was especially interested in mathematics, was ahead of his class in the textbook, and wrote more advanced problems and their solutions into his workbook. His teacher did not like it, told him off, and repeatedly erased the advanced problems from his workbook. The parents objected to this and asked that some suitable guidance in mathematics to stimulate the boy’s interest be given to him, citing the law, which states that every child has a right to teaching adapted to the child’s abilities and level of knowledge and understanding. The school did not want to give the boy any such help, and instead reported the parents to the CPS, claiming that parents who demand something from the school and disagree with them, are deficient in their child care. The CPS, and the superior authority of both the CPS and the school: the municipality, agreed with the school and would not back down. The CPS, protected by the municipal authorities, initiated an investigation of the parents’ mental health. At one stage their accusation was added to: from being a charge against the parents’ attitude to the school it was strengthened by a charge (with no evidence) that the boy showed long-lasting, severely aberrant behaviour, supposedly a reflection of the parents’ enmity to society. A case exhausting to the family dragged on for several years, even though the realities of it had been described in newspapers and everybody in the community knew it.]

“(76)  You are not to help the mother with anything, neither with the care of the baby nor with housework. You must only be a grandmother. [Said to a grandmother to prevent her from giving her daughter practical help. Because of illness, her daughter was in need of some assistance. (So are other mothers who have had their first baby, too, just after its birth.) The CPS wanted to prevent her from getting assistance, so that they could claim that she did not ‘cope with the role of mother’ and they could take the baby and have that accepted by the court. They themselves frequently invaded the house, but only to ‘observe’ and write down their ‘observations’, not to help in any way. They would not say what ‘just being a grandmother’ was supposed to be in the circumstances.]”

The article: https://www.mhskanland.net/page10/page122/page122.html

Here is an article that speaks to the same topic:

Should your kid be taken away if they don’t like fish-balls? Norway says so


My thoughts:

This list is absolutely incredible. Here is one example:

“(16)  The mother is very small. When the daughter grows to become a teenager, the mother will not be able to tackle her.

This is just one of the ridiculous reasons on this list. Does this Nordic country wish for mothers to be able to tackle their children? In countries where corporal punishment is outlawed, how can such insane reasons be used?

Compare #16 to #18:

“(18)  When visiting the children the grandmother wanted to embrace them. The CPS had to stop that, since it can create an unwanted attachment.

So, a mother must be able to tackle her child but a grandma can’t give her grandkids a hug.

After reading parts or all of the list above you may be wondering if things have gotten any better in Norway in 2024. According to one of my good sources in Norway:

“things in 2024 are less bad than in 2012 in the sense that the number of takings into care has gone down (because of protests and revelations and especially the judgments by the European Court of Human Rights in Strasbourg

(see my post “Two New Convictions of Norway in the European Court of Human Rights (ECtHR) in cases concerning child protection (Barnevern) and a similar case from my own “backyard”)

but conditions are just as bad in that Barnevernet’s ideology is unchanged, they use the same reasoning and arguments as before (and the same amount of lies, force and power). In the cases for which Norway has been condemned in Strasbourg, Norway still prevents those children from being set free to go back to their parents or even to get contact with their parents which would facilitate a return. The ideology used to prevent contact and return is of course “attachment” to the foster parents or adoptive parents. Of course, in reality an adoption is NOT valid if it has been driven through by fraud, but Norwegian ideology is that adoption is irreversible.

We should also realize that although the number of children taken into care has gone down just recently, that is from an all time high that had been building until around 2010-2015. Before the great increase, the number was also far too high and the reasons given were of the same kind as on the list. The CPS takes as many children as they dare to take at any time.”

My understanding is that the CPS was terrible before the last 20 years also.

Here is an article that includes “Attachment theory and other ideas”.

Here is an article that includes a section about “Adoption”.

I would like to thank Marianne for allowing me to publish this list here. Her endless efforts to educate others about these crimes are admirable and valuable.

Imagine having your child(ren) taken for any of the reasons stated above. I haven’t had the experience so I have no idea what these parents go through. I have read about the cases though and have commented in many posts here how insane some of these CPS policies are. The crimes continue and it seems there is little correction of these horrid offenses. Here is a short video made by two of my Facebook friends just yesterday. Suranya Aiyar and Marius Reikerås have been very involved with this problem for years and they give a good assessment of how things are now.

CR


The Indian Bollywood film about Norwegian child protection, and the child protection case it is based on

March 12, 2023


Written by Marianne Haslev Skånland, Professor Emeritus

It has been planned for several years, and has now finally been produced: a film based on a child protection case from 2011 onwards, a case in which an Indian couple’s two children were taken by the Norwegian CPS, called Barnevernet, in Stavanger. The film sounds, from the info I’ve been given and have seen, as though it’s pretty realistic.

The real case had many details and elements that have been misrepresented by Norwegian CPS and also by others. The children’s mother was scandalously treated by the child protection services, and unfortunately the children’s father eventually turned against her, unjustifiably, and almost campaigned for the CPS. This is NOT a case of a mother making up false claims or trying to make life miserable for her husband to get her way. Rather, it is a case that many people recognize: Child protection services burden the family with unreasonableness and horrors which ultimately cause the marriage to break up.

Many details about how the case ran are known and some of them are found in writing, in articles and documents. It would all of it be too much to have to write about all this (again), or to try effectively to counter all the distortions, falsehoods and misrepresentations that are resurfacing now, just as they have in the past, about the way the case evolved and the children’s development then and later. The central accusation from the CPS, the one they always make in Norwegian courts and which the Norwegian people bow to in respect, was the quack diagnosis of Sagarika: that she had a mental disorder and had also caused an ‘attachment disorder’ in the children – they ‘were not attached to their mother (in a healthy way)’. But the CPS made various other claims as well. They find it easy now to say that these allegations either did not exist or were not the reason why the children were taken. This is what the CPS usually says in child protection cases when there is criticism.

Now that the film is coming, the story is moving again, with the same false claims from the then head of the CPS in Stavanger, Gunnar Toresen, and now also from the children’s father. And these incorrect claims are allowed by Norwegian newspaper journalists to be served up unchallenged. I am adding links at the bottom of this article to a few articles which, among other things, contain significant inaccuracies. Feel free to read them, but you should not believe anything without checking it with those who know the matter and preferably Sagarika and the family in India, and especially with those who were active in obtaining and publishing correct information.

There are two people who more than anyone should have respect and admiration in this matter: they are Sagarika’s parents. They did not allow themselves to be fooled by prejudice or power, did not allow themselves to be overwhelmed or imagine all the malicious filth that was hurled at their daughter, but welcomed her with open arms when she in deep despair and after near torture in Norway succeeded in getting home, and they helped her faithfully in the years that followed. The children’s lives and development became very good from the time when she got them home. And they are definitely ‘attached to’ their mother!

I have found some of the articles and posts that some of us wrote and received at the time, and have added links to them. The most important is the case report prepared by Indian experts in 2012: “The confiscation of the Bhattacharya children by Norwegian authorities – a case study”.

Signatories to the Petition to the Indian National Human Rights Commission: 
The confiscation of the Bhattacharya children by Norwegian authorities – a case study – 
(12 October 2012)

Marianne Haslev Skånland:
Norwegian CPS attacks an Indian family
The Bhattacharya case in Stavanger
(January 27 – February 1, 2012)

Times Now:
“NHR Connect: Cultural ignorance or arrogance?” (Part 1)
YouTube video interview with parents 8 months after children were taken
(January 2012)

Modern Times Article
Deprived of the children – siblings split
(January 2012)

Forum Redd Våre Barn:
Photos of Indians in Kolkata demonstrating against the Norwegian CPS’s confiscation of those two children. Some 6,000 people took part
(Early 2012)

Athene:
Norwegian CPS still keeps the Indian children isolated from their family
(February 2012)

Marianne Haslev Skånland:
Norwegian “child protection service” and the children’s uncle
(The India/Stavanger case)
(11 February 2012)

Marianne Haslev Skånland:
The curious case of ‘child protection’ in Norway
(April 2012)

Siv Westerberg: 
Norway and Sweden – where inhuman rights prevail
(7 May 2012, 11 November 2017)

Suranya Aiyar: 
Understanding and Responding to Child Confiscation by Social Service Agencies
(9 May 2012, 20 September 2017)

Petition: Indians want government to guard against CPS
(October 2012)

Marianne Haslev Skånland:
Good news in India for the children in the Bhattacharya case
(10 January 2013)

“Finally I got justice, says mother of children in Norway”
A 10-year-old (YouTube) interview with the real mother, Sagarika Chakraborti
Note: This was an interim decision that the children were going to be with their mother Sagarika. In the later court case she got permanent custody.
(10 January 2013)

Jan Simonsen:
“Child protection case damages Norway’s reputation in the Czech Republic”
(The footnote in this article has interesting details about the Stavanger/India case.)
(November 2014)

Suranya Aiyar:
Mrs Chatterjee vs Norway: Child protection in its current form has failed
(March 2023)

Trine Overå Hansen, chief editor:
Barnevernet under lupen (Barnevernet under scrutiny)
Norge IDAG, 1 March 2023
(I can’t help but notice the difference between this article and the three articles below which “contain significant inaccuracies.” I understand that this news source, Norge IDAG, has an independent Christian orientation much different than most Norwegian publications. The editor of Norge IDAG has taken an interest in getting correct information about Barnevernet and knows a lot about the subject. -CR)


Examples of recent articles which, among other things, contain significant inaccuracies:

Norwegian CP case becomes Bollywood film: – Catastrophic consequences
“Norsk barnevernssak blir Bollywood-film: – Katastrofale konsekvenser”
VG, 25 february 2023

The fatal consequences are, of course, those envisaged for Norwegian trade and commerce, seen from the point of view of people who have, like our ‘Conservative Party’, never cared about these ‘finicky concerns about unsuccessful families and their unruly children’.

“Former child protection leader on Bollywood film: – This is not the story as it happened”
“Tidligere barnevernsleder om Bollywood-film: – Dette er ikke historien slik den skjedde”
Dagsavisen, 26 februar 2023

In this article, former CPS leader in Stavanger Gunnar Toresen is allowed to repeat all the false claims and add some more false ones. He says that Sagarika kidnapped the children, that there was agreement that the children could not live with their parents. And he says that he doesn’t know anything about how things have gone for the children from the time Sagarika kidnapped them. But in fact we know, and HE could get to know, but of course he does not want any info from sources who do not implicitly bow to what the CPS claims to be the truth.

If Toresen and Barnevernet do not know how the children have fared, it must be attributed to their own behavior and that of the Norwegian authorities through the case if they cannot just by a natural and friendly enquiry get those in the know to tell them the news that life together with their mother has been good for two children whom Barnevernet had been supposed to help, much better than when they were under the ‘care’ of Barnevernet.

Actually, Sagarika has been taking an active part in demonstrations against Barnevernet’s attacks on families from other nations too. Here a survey of several demonstrations in 2016, triggered by Barnevernet taking away 5 children from the (Norwegian-Romanian) family Bodnariu, and some photos from New Delhi and in Kolkata to support the Bodnarius:

Sagarika Chakraborti is there with the children, you see them on several photos, e.g. on the last photo, and some of the others, (e.g. the one with the big Norwegian flag and the people with posters, Sagarika in light blue jeans and a dark blue top, the children beside her).

“Father of the family in the child welfare case that becomes a film: – I am portrayed as the villain”
“Familiefar i barnevernsaken som blir film: – Jeg blir fremstilt som skurken”
Dagsavisen, 27 februar 2023

Here is Anurup Bhattacharya, who turned on his wife when she would not agree to sign a binding statement saying that she would not ever be entitled to go to court in India to get the children back or get any connection with them. He ‘dreams’ up an even newer version of the story, picturing him as the discriminated against father who has not been able to see his children for 10 years. – Several questions are then pertinent, among them why he acted as he did in 2012. Why did suddenly the Indian newspaper Hindu write that Sagarika was after all a psychiatric case and mentally handicapped? Has the father paid any child support for these 10 years, and was his brother paid as a ‘foster father’ by Stavanger Municipality or the Norwegian State for the year the children were living in his parents’ house? One of the things the court in Bengal apparently said when they awarded custody to Sagarika, was that their father’s brother, who had been appointed by Norway and by his free will was to be the children’s foster father, had failed in his duties to them.

—————————————–

My comments:

It appears that I have gone over a year without writing anything about the state of Child Welfare. I have always been interested in the welfare of children but my interest grew dramatically with a story out of Norway in 2016. After some research I became convinced that children were being stolen by the organization in Norway designated to help families. My opinion has only been solidified by story after story like the Bodnariu case in 2016. Since then the European Court of Human Rights (ECtHR) has found the Norwegian state guilty of severe violation of human rights involving child welfare in cases that took years to be decided, and Norway has now been given status as a ‘habitual offender’ by the ECtHR.

This new movie is a great opportunity to bring the subject back to the fore. The truth is that little to no headway has been made against the sinister and embedded systems within many governments that cause stories like the one described above. Norway isn’t the only culprit. Since I’ve been watching this situation, Sweden, Great Britain, the United States and others have been guilty of similar crimes. The cases in Norway are so blatant that they are hard to ignore.

The good people in Norway continue to try to educate others about the situation so that changes can be made. They have had a difficult task because for every item published attempting to describe reality there are 20 others published that are like those mentioned at the end of Marianne’s links above along with glowing advertisements by adoption agencies.

Sadly, the great majority of these cases in Norway do not end well. After the children are taken from their parents, the Norwegian Child “Protection Services” (called the Barnevernet) does not look to worthy extended family members to take the children in for a period of time while any problems are resolved. If more than one child is taken, and it is usually the case when there is more than one child, the children are split up into different foster homes and the parents are given very little visitation, sometimes only a few hours a year. Much of the time the parents have to travel hours to see their children because they have been moved so far away.

I have experienced one of these stories firsthand. Because I had been very active protesting these crimes on social media, a Norwegian mother and a friend of hers felt comfortable contacting me about her situation. She had just left a “Mother’s Home” in Norway where mothers are “observed” to determine if they are worthy to continue caring for their child. She was staying with her friend, a highly qualified nurse, and her family, until she could decide her next move in life. I still remember the day she called me on the phone and told me that her son had been taken from his crib by Barnevernet workers.

We were in shock. Not long after that the brave young mother decided that I should document her experience in spite of possible problems it might cause. She wanted the world to know about this evil thing that had happened to her. Over the next few months I wrote posts here describing what she was going through as she shared every important event with me over the phone. The entire series of posts was eventually shared here as well. They were shared in a post entitled: A Miracle in the Norwegian CPS? Following the young mother’s struggles is something I will never forget.

How can I forget about the American mother who had her son stolen from her almost 10 years ago? The child was a little underweight but well within any healthy metric one might conjure up. He enjoyed being breastfed and was a bit slow in taking to solid food. On a day in 2013, agents from Norway’s child protection services, along with officers from the Norway police force, stormed the mother’s home and forced her, her baby’s father and her son to go to a local hospital. Shortly thereafter, the mother had her parental rights taken from her and her son was taken into custody by Norwegian officials. The parents were granted a few visitation hours a week. After a year of visitations, she was told she could no longer see him. Almost 10 years later all the mother knows is that her son’s name has been changed multiple times just in case she tried to find him. She has no idea where he is. The incredible story can be found here: “Norway Took My Child”: Child Protective Services Takes Baby from American Mom.

It is still happening. Nothing has changed. In fact, some think that things are getting worse. Many are afraid to say anything. Some have taken their children and left Norway. I don’t blame them. Mothers are being watched. They are being watched by school officials, neighbors, church members, and many others. There is no question that some mothers could use a little assistance in rearing their children. There is no question that there is a very small minority of women who should not be mothers. But when children are taken from their parents for questionable and even trivial reasons, there will be a reckoning. One day, those who are guilty of such crimes will face a natural and spiritual reality. It is a reality as real as the stories I have shared here. It is the reality that those guilty of such crimes will reap what they have sown.

Chris Reimers







Landmark Report Exposes the Realities of Norwegian Child Protection

May 10, 2020

A report detailing Norwegian Child Welfare Service (Barnevernet) abuses has been published in Norway. Final Report-Investigation of Three Child Protection Cases-Samnanger Municipality, was published by local authorities on the Samnanger Municipality website. Investigators discovered incidents of maltreatment occurring there over several years. An official apology has been issued along with compensation, though the current mayor regrets that it is a very modest amount compared to the devastation to the lives of the families involved. The report is also critical of the County Governor (the state’s head representative in a Norwegian county) for not stopping Barnevernet’s actions. In 2013, he produced a report that identified no problems.

Initially the published report was freely readable and available for downloading. The municipality removed it from its site after a recommendation of confidentiality was made by the County Governor. After a meeting was held by municipality officials, those supporting the investigation results allowed for a few changes in the report and republished it back onto the municipal website. The Governor has written to the mayor of Samnanger, demanding that the report be taken off of the internet again. Apparently, he wants to launch his own investigation into the legality of the investigation and publication done by the Samnanger Municipality.

It seems that the municipality intends to try to litigate the negligent actions of certain employees. More than 20 million crowns (more than 2 million dollars by the current rate) has been paid out for “child protection” of the victim children: to psychologists, foster homes, and home visits. “Advice” was given to the parents before the children were taken and afterwards, in order to “help” the parents improve their “parental skills.”

The 71 page report is only available in the Norwegian language with the exception of the initial thirteen key points listed below:

Main conclusions

“The investigation has revealed that the child welfare service in Samnanger in the investigated cases on a number of points have been in violation of both the UN Convention on the Rights of the Child, the Child Welfare Act and good administrative practice. This includes:

1) “Lack of writing and documentation. There is a pervasive feature in all three cases that the child welfare services’ assessments are to a scant extent documented. This is a violation of good administrative practice and represents a legal security problem for the affected children and parents.

2) “Lack of hearing of children’s views. The child welfare service is obliged to collect and consider taking into account the views of the children when when the children are old or mature enough to have an opinion. It is not likely that the children have taken part or had their views referred to and considered

3) “Lack of options reviews. The child welfare service is obliged to consider gentle alternatives when performing emergency placements. This does not appear to have been done.

4) “Lack of assistance. The Child Welfare Service is obliged to implement adequate relief measures where this is possible, rather than choosing more invasive intervention. This was not done sufficiently.

5) “Lack of reassessments when the situation has changed. The child welfare service is obliged to consider the case again if changes in the family situation have taken place which may be important. It is nowhere stated that this has been done.

6) “Failure to assess foster homes after taking children into care. The obligation first to consider foster homes in the child’s family or close network has not been complied with.

7) “Lack of justification for separating siblings. Siblings’ need and right to grow up together is not considered, and the placement of them in different foster homes is not explained or justified. None of the children in the three cases have been allowed to grow up with one or more siblings.

8) “Lack of culture-sensitive understanding and competence. There is no consideration for children’s right to know their ethnic, cultural and linguistic background.

9) “Inadequate supervision of foster homes. The obligation to follow up children in foster homes has not been complied with in accordance with the requirements of the Child Welfare Act.

10) “Lack of role understanding – confusion of roles. In Samnanger Municipality the roles as social leader and child welfare leader were combined in one position during the period the cases were being handled. These are two different functions with different tasks. In the present cases, it seems that the roles have been confused with each other, with unfortunate results for private parties.

11) “Lack of information to parents. The child welfare service has waited unnecessarily long to inform parents about child detention and emergency placement.

12) “One child has been completely deprived of her childhood through unwise public taking into care.
The child appears significantly injured after the placement.

13) “Extensive use of coercion and medication. Several of the children have been subjected to coercion, medication and disproportionate use of force.”

Final Report-Investigation of Three Child Protection Cases-Samnanger Municipality. (Link)

——————————————————-

EDITORIAL

Dear defenders of the family in Samnanger,

To this point the infamous Barnevernet has received a good amount of its criticism from outside sources. There were the worldwide protests in 2016 that brought thousands of people into streets on six continents. Just two months ago there were unanimous convictions at the European Convention on Human Rights where Norway was found in violation of Article 8 of the European Convention on Human Rights (My article about it is here). As Samnanger residents probably know, there are close to two dozen cases still pending at the ECtHR. I am also aware of many other Norwegian citizens who have been justly critical of your “Child Protection Services.”

I applaud the courageous leadership in Samnanger!!! Your determination encourages similar actions by Norwegians to bring justice and hope to others.

The Barnevernet has weaseled its way into your small population. I can imagine living in a town that has had the same population for the past 50 years (around 2,400). My guess is that a community of that size for that long is a place where people know one another pretty well. Something of this magnitude, in a place your size, must be having a very divisive effect. The County Governor is too late in his attempt to stifle this report. If he can remove it, it will not go away. A quote by Olav Terje Bergo is appropriate here:
“Efforts to make it disappear will be like trying to put the toothpaste back again into a hundred thousand toothpaste tubes.”
I am aware that the report has been sent to at least six different countries. As an official document of the Samnanger Municipality, it is perfectly legal to be copied and quoted.

I hear from your country that the coronavirus shutdown has created a constant drumming of pundits on TV, newspaper, and radio communicating that they are concerned about the “vulnerable” state of children today. The comments are meant to help Norwegians see that home environments are now more unsafe than ever because children are not around their protectors: school teachers, kindergarten teachers, health nurses (in the schools), psychologists, and coaches. I wonder if those responsible for removing children from loving parents have children themselves in Norway? If so, who is watching their efforts as parents?

I am also hearing that several CPS offices complain that they are receiving very few messages of “concern” now. Imagine that. They surmise that children are being treated badly and that nobody can really see what is going on inside the home. Children only have Barnevernet personnel to protect them now and the coronavirus is keeping them at a distance. At least there is one good thing about the virus!

God gifted parents with the abilities, delights, and responsibilities to raise children. Any government that thinks otherwise is foolish and sometimes evil. There are always exceptions but we all know the Barnevernet has gone beyond inhumanity in thousands of cases. There is a spiritual, natural, and moral law that states: “You reap what you have sown.” I pray for the victims and the perpetrators of crimes like the ones in Samnanger. I pray that those who have ears to hear will listen and wake up before it is too late.

Chris Reimers
Edited by Professor Marianne H. Skanland

Recommended:

The importance of freedom of expression, illustrated from “child protection” in Samnanger municipality in Norway (Link)

This post on Professor Skanland’s homepage gives additional details about the Samnanger report and states:

“Those in Samnanger who have fought for truthful publicizing can find support in judgments from the European Court of Human Rights (ECtHR) concerning freedom of expression.”

The article gives examples of ECtHR cases in Norway, Iceland, and Belgium. The ECtHR “makes it clear that not only do people have the right to impart information about important and controversial things, the public has an equal right to receive such information…it is necessary in order to have the kind of society we want to live in.”

America’s founding Fathers would have appreciated this perspective.


NORWAY VIOLATES PARENTAL RIGHTS…AGAIN!

March 24, 2020

On March 10th, two important child welfare case decisions were made by the European Court of Human Rights (ECtHR). Unanimous convictions were made in both cases, clearly and strongly denouncing Norwegian authorities.

In each case, Norway was found in violation of Article 8 of the European Convention on Human Rights. Article 8 of the Convention describes the right to respect for private and family life. It states:

“1. Everyone has the right to respect for his private and family life, his home and his correspondence.
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.”
(Guide on Article 8)

EHtCR judges found that Norwegian officials were guilty of unexcused and unbridled intrusion into normal family life in the March 10th decisions. These same officials/authorities were found guilty of being “responsible for a situation of family breakdown.”

In the case of HERNEHULT v. NORWAY, the Court noted a recent case where precedent had been clearly declared:

“61. The general principles applicable to cases involving child welfare measures, including measures such as those at issue in the present case, are well-established in the Court’s case-law, and were recently extensively set out in the case of Strand Lobben and Others v. Norway.”

Back in September (10 September 2019), in the case of STRAND LOBBEN AND OTHERS v. NORWAY, the ECtHR judges in Strasbourg found Norway in violation of Article 8 by a vote of thirteen to four.

In the second case decided on March 10th, PEDERSEN AND OTHERS v. NORWAY, the Court also referred to the Strand Lobben case:

“39. Other relevant material relating to domestic and international law is referred to in the Court’s recent judgment in the case of Strand Lobben and Others v. Norway.”

The citation of previous litigation in both HERNEHULT v. NORWAY and PEDERSEN AND OTHERS v. NORWAY explains how the Court came to its united condemnation.

The two cases have several similarities. One is that the wives in each case were not born in Norway. Hernehult’s wife is a Romanian national, and Pedersen’s wife comes from the Philippines.

Each case originated in an application against the Kingdom of Norway lodged with the ECtHR under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Hernehult applied in March of 2016 and the Pedersens applied in August of 2015. The Hernehult settlement was 26,893 U.S. dollars for non-pecuniary damage, and the Pedersen settlement was 37,637 U.S. dollars for non-pecuniary damage and 10,216 U.S. dollars for costs and expenses.

Over 20 similar cases are slated to be decided by the EHtCR in the coming months. No one knows how many more applications against the Kingdom of Norway are forthcoming.

Editorial

How many more decisions like this will have to be made before the Norwegian Child Welfare Services, otherwise known as the Barnevernet, will begin to see that the world is waking up to its crimes? I am pleased by these wise decisions of the ECtHR. It is obvious that they can now see through all of the miasma belched into our habitat by the Barnevernet and Norwegian officials. I’m not aware of anyone who is satisfied with the settlements made, but these recent decisions are steps in the right direction certainly. The ECtHR’s references to the Lobben case in the March 10 decisions reveal recent, positive movement. The court is clear…it is using “well-established” “case law” for its decisions. I am very thankful and yet…

How can any reparations repay someone for a child stolen?

In the Pedersen case, paragraph 68 of the ECtHR judgment speaks for itself:

68. The Court emphasizes that to the extent that these decisions implied that the authorities had given up reunification of the child and the natural parents as the ultimate goal, the conclusion that placement must be considered to be long-term should only have been drawn after careful consideration and also taking account of the authorities’ positive duty to take measures to facilitate family reunion. However, in this case the decision to impose a very strict visiting regime cemented the situation at the very outset, making it highly probably that the child would become attached to the foster parents and alienated from the natural parents, thus precluding any realistic possibility of eventual reunification. Indeed, this is precisely what happened in the present case. In this respect, the Court recalls that where the authorities are responsible for a situation of family breakdown because they have failed in their obligation to take measures to facilitate family reunification, they may not base a decision to authorize adoption on the grounds of the absence of bonds between the parents and the child (see Strand Lobben and Others, cited above, § 208).
You can read the details of the case and the court’s decision HERE.

In, 2013, Mr. Dan Mikael Hernehult moved to Norway with his wife and three boys and before the year was out (November 4th) the child welfare service issued emergency care orders for all three children in accordance with section 4-6 of the Child Welfare Act. (You can download a PDF copy of the Child Welfare act here.) They were placed in emergency foster homes the same day. The sad account does not stop there. You can read the details of the case and the court’s decision HERE.

Many in Norway have been hoping and praying for the type of decision made in the Hernehult case. In it, the Norwegian authorities were convicted of wrongfully taking two of the boys into care in the first place. This is an opening salvo of, hopefully, many more decisions like it.

Professor Marianne Haslev Skånland is the one who referred me to Paragraph 68 in the Pedersen case and she was particularly pleased with the decision in the Hernehult case. She writes:

“The judgments have made things increasingly clear, up to now, when they write so clearly that they (the ECtHR judges) both condemn the taking into care of two of the children, AND the failure to return them.”

She also states:

“I am really most of all glad of the judgments from February 2020 which I found against Russia and Romania. Not because I am glad to see that in those countries, too, they have social services which more or less frequently make enemies of parents and seem to delight in disrupting family bonds. But because I see a trend in what the ECtHR is doing: They now seem wide awake to the fact that they have a duty to carry out here: help combat a very destructive trend – the trend of believing that biological parents are of no importance to their children and that the social services can provide children with better conditions and satisfactory ’stimulation’! That is pure, speculative psychobabble – quackery, and all experience disproves it.”

Marianne’s description of Barnevernet philosophies as “speculative psychobabble” fits my understanding perfectly. She has broad knowledge of child welfare services inside and outside of her home country of Norway. HERE, on her homepage, you can see links to the Norwegian cases leading up to and including those mentioned in this post.

With all of the challenges families face in our time, the last concern should be about government entities separating loving families. Many countries are having similar problems. It is important that we become aware of the philosophies of child welfare in all countries.

I appreciate those who have worked so hard to create awareness about this important issue and I congratulate those who have spent years fighting to see that these cases made their way to court.

Chris Reimers


The Norwegian state’s interpretation of the ECtHR judgments about our child protection Barnevernet

March 12, 2020

By Marianne Haslev Skånland
professor emeritus

(This article was published just days before two new decisions condemning the same Norwegian authorities. The new decisions will be the subject of the next post on this blog. – cr)

• • • •
The Norwegian original of this article was published in the newspaper Norge IDAG on 5 March 2020.
This English version is very slightly longer, incorporating some details which are not equally well known or so easily obvious to foreign readers as to Norwegians in the middle of the present debate.
• • • •

It is hard to believe that Norway’s authorities, and Norwegian jurists otherwise prominent in society, can have read the judgments from the European Court of Human Rights (ECtHR) in Strasbourg that they express opinions on. What we are served up especially by experts on human rights law in media interviews, articles and statements seems heavily infested with misinterpretation, trivializing, stubbornness, denial, blaming victims, and attempts to explain away unpleasantness. Actually there are more variants and on several counts. Obviously the judgments have not made official Norway open eyes and ears to any extent. Yet.

Probably the most important issues are: the question of reparation, the question of the child’s best interest and existing evidence in research of what this is, and the question of truth in the description of facts. I hope to return to these issues at another time; in this article I want to go into the question of what the content of the judgments actually says.

A sporty game of win and lose?

When asked a couple of years ago why Norway has met with strong protest against Barnevernet, our authorities were at first used to answer: “We have actually won two cases in the ECtHR.” Then another was added. Then there was one case in which Norway was found guilty of violation of human rights. Then an appeal of one of the first three was admitted to the Court’s Grand Chamber, leading to a conviction instead of acquittal (the Strand Lobben case, cf below). Then the state was convicted in three further cases. Every time the question of number of cases comes up now, defenders of official practice hurry to say “We have lost 5 but have won 2”.

Expressions like ‘win’ may not be the wisest when spokesmen of the authorities use it about serious issues of abuse carried out against individuals by the authorities. I seem to remember that it was commented on by Gro Hillestad Thune, former Norwegian judge in Strasbourg. She said that the authorities present it like a football game. “5 against 2” sounds as if the decisions could go either way. Perhaps in order to suggest that Norwegian child protection is foremost in the world, therefore the result was rather accidental – the ECtHR might in those five cases almost just as soon have exonerated Norway, which was anyway just convicted of trifling offenses of a formal nature?

Norway’s attorney general was the first man out with such an interpretation after the Lobben judgment: He expressed that what Norway had been found guilty of, was that our courts had not explained carefully enough how necessary and correct Barnevernet’s actions had been.

Is it possible, then, to read the judgments in this manner?

A chronology and a report which are circumvented

Something the authorities do not speak of is the existence of a chronology here, one which is highly relevant.

In the three cases in which the applicants to the Court in Strasbourg did not win through with their complaints, judgments were passed in 2017 and in April 2018.

For the last 6-7 years, and especially after the internationally well-known Bodnariu case, several nations have found that European child protection is problematic, especially in the Western countries, and especially visibly in Norwegian practice. The Council of Europe therefore ordered an investigation, which led to a very critical report about European child protection with examples particularly taken from Norway. It was presented and passed with a large majority on 28 June 2018.

In the debate in the Council of Europe, the speech of one of the Norwegian parliamentarians, Morten Wold, was honest and quite courageous, supporting the criticism of Norway. Two other Norwegian MPs tried to undermine the content of the report with many proposals for amendment. They did not succeed in Strasbourg, but back home afterwards one could read a curious article published by the Norwegian parliament Stortinget, claiming the opposite: that Norway’s delegation had turned ‘the balance in the resolution’ into a victory for Norwegian Barnevern.

The European Court of Human Rights is the court of the Council of Europe, passing judgments which are in accordance with the European Convention on Human Rights (ECHR). In September 2018 the Court published their unanimous judgment convicting Norway in the Jansen case. The Lobben case appeal came up before the Grand Chamber on 17 October the same autumn and led to conviction of Norway with 13 votes against 4. The judgment was ready in the spring of 2019, but was announced in September. Then followed judgments in three more cases in November and December 2019. In all three Norway was convicted unanimously.

(Blondina) Jansen v. Norway
European Court of Human Rights, 6 September 2018

Grand Chamber judgment (key case):
(Trude) Strand Lobben and others v. Norway
European Court of Human Rights, 10 September 2019

Grand Chamber hearing:
Strand Lobben and Others v. Norway (no. 37283/13)
European Court of Human Rights, 17 October 2018

KO and VM v. Norway (Ken Olsen and Vibeke Morrissey)
European Court of Human Rights, 19 November 2019

A.S. v. Norway
European Court of Human Rights, 17 December 2019

(Mariya) Abdi Ibrahim v. Norway
European Court of Human Rights, 17 December 2019

The 5 judgments coming after the report of the Council of Europe have, therefore, all gone against the Norwegian state. And notably, they are all about issues such as Norway having broken off children’s bonds to their parents, having cut off meaningful communication and the enjoyment of being together of parents and children, having prevented return of the children to their parents, having proceeded to forcibly adopting away the children. These are among actions which the ECHR’s Article 8 is meant to guard people against.

The report of the Council of Europe seems to have inaugurated increased understanding and concern in the ECtHR. The new Norwegian judge in the ECtHR, too, appears to have taken note of the alarm expressed in the report, and is said to have been active in the spring of 2019 in the ECtHR having taken up child protection cases from applicants against Norway – they ended up being over 30 – for so-called ‘communication’, i.e the Court asking Norway for an explanation. This is a step in the direction of a case being taken up for pleading and judgment in the Chamber, if Norway continues to defend the decisions made in the Norwegian judicial system.

More cases in the wake of the Council of Europe’s report

Some more recent cases seem to lend support to the supposition of alarm having been sounded in the Council of Europe and the ECtHR:

Pavlova v. Russia and Kungurov v. Russia 18 February 2020, Y.I. v. Russia 25 February 2020.

In the first two, Russia was convicted of violation of Article 8 because the authorities had, without going into the question of whether it was necessary, refused visit in prison by the jailed person’s wife, respectively the jailed person’s wife and children.

In the third case, the authorities had taken the mother’s three children into care and then deprived her of her parental authority, this also depriving her of e.g her right to visit the children. One child was placed with its father, the other two in a children’s home. The mother had been involved in drug abuse, but is living with her mother, who has also been willing to take care of the children while her daughter is in treatment. The children’s mother has taken active steps to get away from her drug abuse.

The judgment emphasizes that the state’s actions have hurt the children; they have strong feelings for their mother and grandmother. Russia has not tried to give positive help in order to keep the family unit together, such as letting the grandmother help, and has removed the mother’s parental authority from her despite the fact that she has all the time shown great interest in the lives of the children and has actively tried to contact them. The ECtHR also sees it as wrong towards the children to have split the three children up. In the ECtHR, a state has a wider latitude of assessment of the necessity, in particular situations, of taking children into care – a wider so-called ‘margin of appreciation’ – than it has in its further treatment of a case. But under the circumstances that prevailed in this case, Russia is convicted of a violation including that of taking into care the two who were placed in a children’s home – in other words, the state is found guilty not only of its subsequent actions but of the taking into care itself. The state’s action was not proportionate to the legitimate aim pursued.

In Cinta v. Romania, this judgment too from 18 February 2020, Romania is convicted of having, through court judgments, not assisted a separated father in maintaining and developing his relationship to his daughter. The father is schizophrenic but under dependable medication. Romania is also found guilty of discrimination, in this instance of a person suffering from a mental illness. The judgment refers, as one would expect, to the case K. and T. v. Finland from 2001, a case where the children’s mother was schizophrenic. That, too, was an important case, a Grand Chamber judgment, Finland being convicted even of the taking into care of the new-born baby in hospital. As far as I know, this was the first judgment from the ECtHR in which a state was convicted even of the taking into care itself.

In these four new cases, the ECtHR repeatedly emphasises that the right to family life is to be placed much higher than the states have done. The fact that helping the family is problematic, that visits are difficult or onerous to manage, that a parent has problems of drug abuse or illness – none of this is enough to relieve the state of its duty of actively helping to keep the family together, nor does it give the authorities the right to force the family apart. The judgments repeat that the authorities have a margin of appreciation in considering whether taking into care is necessary in concrete situations, but that a taking into care is always a temporary measure. In such cases, the state is obliged to work energetically to help in such a way that children and parents can be reunited as soon as possible.

A revealing past – and the future

In addition to the five cases for which Norway has now been convicted, a sixth case against Norway exists which is extremely revealing. In 1996 Norway was found guilty of a violation of Article 8 in the case of Adele Johansen’s daughter:

(Adele) Johansen v. Norway
European Court of Human Rights, 27 June 1996

There, too, Norway was convicted of having cut off visits so that reunion was at last claimed to be impossible. In the further development, it led to forced adoption away of the daughter, in spite of the judgment in the ECtHR. Since the judgmentdates from 1996, it becomes the most important of all, giving, as it does, a perspective to Norway’s child protection policies and the child protection legislation of today. Norway as not, in the 23 years since 1996, done anything at all to repair the offenses against mother and daughter Johansen and to change legislation and practice. On the contrary, even a superficial examination will show our authorities to have continued in the same manner, with increased energy. Very many families have experienced the same blindness from judicial authorities and legislators, the same resistance against acquiring proper knowledge and understanding of the basis of the reigning ideology, and therefore the same tragedies.

It remains to be seen whether the remaining more than 20 cases against Norway pending in the ECtHR will lead to more convictions of the state. It is of course possible that Barnevernet and our courts have in some of them made better motivated decisions than in the 6 cases for which Norway has been convicted, all of which show a total lack of ignorance of the depth of children’s emotional bonds to their biological parents.

In the meantime, the ECtHR in Strasbourg has notified Norway that it taken up yet another case for communication, and also that it does not accept the answer which Norway has given to their question, after the judgment in the Jansen case in 2019, of what Norway will do to put right the violations in the Jansen case. (Norway does not intend to do anything to give Blondina Jansen back any of her human rights.)

Our state’s preferred interpretation of the judgments against it is that we can continue carrying out child protection in the same manner, just as long as we explain more thoroughly how good it is. Our attorney general has probably fixed on some formulations of the following type:

from the Lobben judgment:
“the City Court’s judgment contained no information on how that vulnerability could have continued despite the fact that he had lived in foster care since the age of three weeks”;

from Y.I. against Russia:
“The domestic authorities failed to demonstrate convincingly that ….”;

or, from a press release about a case:
“the Government had not demonstrated that the use of lethal force had been absolutely necessary”.

My guess is, however, that this way of expressing itself is the ECtHR’s polite way of saying that they do not think the states have proven their allegations and that the ECtHR therefore concludes that such proofs do not exist. It seems doubtful to interpret e.g the last example to mean that the ECtHR grants that lethal violence on the part of the authorities had been necessary, and that Russia just had to be more thorough in explaining that it was. We furthermore know that while the Norwegian government, in the Grand Chamber hearing in Strasbourg in the Lobben case, claimed that Trude Lobben’s son had been in mortal danger in his mother’s care, this claim had been proven to be untrue, among other things on the basis of evidence from the hospital.

To return to the official Norwegian explanation of the judgments: Claiming that all will be well when Norwegian courts write longer judgments based on Barnevernet’s allegations, is hot air. It is the content of what Barnevernet does that is criticised by the Strasbourg judges. One can just read the judgments for oneself. Their contents are no so difficult to understand.

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See also

Marianne Haslev Skånland:
The Council of Europe with a critical report on European child protection systems
MHS’s home page, 4 July 2018

– : Human rights in Norway – as low as they can go
MHS’s home page, July 2004

Lennart Sjöberg:
Adele Johansen vs. Norway: A mother fighting for her childnkmr, 30 November 2001

Erik Rolfsen:
Child protection and the emperor’s new clothes
MHS’s hjemmeside, 15 September 2015

Johannes Idsø:
Child welfare and the abuse of power
MHS’s home page, 19 March 2019

Jan Simonsen:
A little more humility, please!
MHS’s home page, 20 March 2016

Marianne Haslev Skånland:
The child protection case in Norway about the Czech children of Eva MIchaláková
MHS’s home page, 19 October 2015

– : Professional support for the Bodnariu family and other victims of Barnevernet
MHS’s home page, 29 February 2016

– : Separating children from their parents – is Norway better than the USA?
MHS’s home page, 16 July 2018

– : Dr Mengele & Co in action in Norwegian homes?
MHS’s home page, August 2011

Arne Jarl Hatlem:
Barnevernet – the CPS – equals merciless Norwegians
MHS’s home page, 29 July 2018

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