Parental Responsibility: Norway vs England and Wales – a comparative analysis

Therese Agnete Theodorsen Heggedal, Solicitor and Partner, Langseth law Firm

This article compares parental responsibility (PR) laws in England and Wales with those in Norway, examining their alignment with societal changes and the push for more equal parenting. PR gives parents the right and duty to make key decisions about a child's welfare, such as education, medical care, and travel, but does not cover day-to-day care. In England and Wales, mothers automatically have PR, while fathers only gain it if married to the mother or listed on the birth certificate. Unmarried fathers must enter an agreement, marry the mother, or seek a court order, raising questions about whether the law reflects modern family structures. In contrast, Norway’s Children Act automatically grants joint PR to both parents, regardless of marital status, since 2020. A new Children Act, set to take effect soon, will further ensure shared decision-making after separation, reflecting trends toward equal caregiving. While both systems prioritize child welfare, England and Wales follow a paternalistic approach, while Norway advocates for equal parenting. So who does it "right"?

The full article has published in the Feburary issue of Family Law.