Who are the instructions for?
These instructions are intended for professionals working in family law services. The instructions are a recommendation based on current legislation. The instructions include key information for drawing up an agreement on child custody and right of access, as well as the agreement forms whose template is confirmed by the Finnish Institute for Health and Welfare (THL).
As a rule, matters concerning child custody and right of access are agreed in writing
Parents may agree on matters concerning the child’s custody, residence and right of access with a child supervisor.
An agreement on child custody and right of access must be made in writing. The content of the agreement must correspond to the content of the agreement template confirmed by THL, even if the agreement is not made on that form.
Parents may agree on
- entrusting child custody jointly to both parents or solely to one parent
- entrusting child custody, in addition to the parents, to another person
- the right to information of a non-custodial parent or another person
- the child’s residence
- the right of access between the child and a parent, and
- custodians may agree on the division of responsibilities between themselves
Contracting parties
The contracting parties are usually the parents. At least one of the parents must be a custodian. In addition, an agreement may also be made between the parents and another person. Such another person may be
- the person to whom child custody is entrusted in addition to one or both parents
- the person who is granted a right to information, or
- a co-custodian with whom the child is to reside under the agreement
In such cases, in addition to the parents, the other person is also a contracting party to the agreement.
If the child has only one parent who is also a custodian, they may enter into an agreement with another person.
Content of the agreement
This section records what has been agreed regarding the child’s custody. Child custody may be entrusted jointly to both parents or solely to one parent. It is also possible to agree on additional custody, meaning that another person is, in addition to one or both parents, a custodian of the child.
This section also records the division of responsibilities included in custody, if the parties wish to agree on these separately. The division of responsibilities included in custody may be agreed if the child has two or more custodians and the child’s best interests so require.
This section records what is agreed regarding the child’s residence. Parents may agree that the child resides with one parent. Parents may also agree with a co-custodian that the child resides with the additional custodian. It may also be agreed that the child resides alternately with the parents, or with the parents/parent and a co-custodian (alternating residence).
When agreeing on alternating residence, the agreement must set out the detailed terms of alternating residence, i.e. how often the child’s residence changes from one home to the other and how the child’s residence is arranged during holidays and on public holidays.
An agreement on alternating residence must specify which home is registered in the Population Information System as the child’s official place of residence. A child can have only one official place of residence under the Municipality of Residence Act.
When agreeing on the right of access, the agreement must set out the detailed terms of contact and stays, as only an agreement that is sufficiently detailed is enforceable.
If it is not possible to define the details of contact and stays (e.g. for those working shifts), but the parties nevertheless wish to make an agreement on the right of access, the agreement may record at least how often contact takes place and how the right of access is arranged during holidays and on public holidays.
Parents may agree only on the right of access between the child and a parent. It is possible, for example, to agree that a parent has contact with a child who resides with a co-custodian. In such cases, the contracting parties are the parents. The additional custodian provides their consent. However, it is important that the negotiations are nevertheless conducted together with everyone involved.
This section may record the right to information of a person other than a custodian. Parents may agree to grant a right to information to a parent deprived of custody or to another person. The right to information may cover either all matters or matters specified in the agreement.
A joint custodian does not need a separate right to information even if the custodians have agreed on a division of responsibilities whereby only a particular matter would fall within their cooperation.
This records which agreement or decision made on which date is amended by this agreement. To avoid any ambiguity, it is recorded here which parts of the agreement remain in force.
Terms of the agreement
When parents agree on alternating residence and the right of access, the agreement must show the detailed terms of alternating residence or of contact and stays. An agreement on alternating residence must state which home is registered as the child’s official place of residence.
When agreeing on alternating residence, the parents must define the rhythm of the handovers between homes and how the child’s residence is arranged, for example during holidays and on public holidays.
Similarly, an agreement on the right of access must define the details of contact and stays. In addition to meetings, the parties may agree on contact by telephone, text message and email. For special reasons, contact may also be supported or supervised.
For the purposes of enforcement, it is beneficial for the right of access to be defined as precisely as possible. It is recommended to use detailed expressions of time and place (for example: “The child has a right of access from 16:00 on Friday of even-numbered weeks until 18:00 on Sunday”). It is also advisable to record arrangements for transporting the child to and from contact: who is responsible for transport and who bears the costs.
Sometimes parents wish to attach additional conditions to contact (for example: “The child must go to bed by 21:00 at the latest”). However, it should be noted that additional conditions of this type cannot be enforced by the authorities.
Ascertaining the child’s views
Parents have primary responsibility for ascertaining the child’s views, but the child may also be heard in social services and in court.
Regardless of the child’s age, parents have a duty to discuss with the child and to take the child’s wishes and views into account regarding the matters being agreed.
Hearing the child must take place using language appropriate to the child’s age and level of development. Parents convey information about the child’s views to the child supervisor.
When the child supervisor considers confirming the agreement, they must take into account the child’s best interests and the child’s own wishes and views insofar as this is possible having regard to the child’s age and level of development.
The child supervisor also has a duty to ensure that the parents have ascertained their child’s views and taken them into account before the agreement on child custody and right of access is confirmed.
If necessary, the child supervisor must speak with the child in person. A prerequisite for a discussion with the child is that the child consents to the discussion and that the discussion is necessary to ascertain the child’s wishes and views. This is therefore a special situation, needed for example when parents provide conflicting information about the child’s views or do not wish to discuss matters with the child. Hearing the child does not necessarily mean a direct conversation with the child; in some situations, the child’s views may also be ascertained by observing their behaviour, for example with their parents. If the child has limitations, interpreting and any necessary assistive devices must be used when hearing the child.
A note of ascertaining the child’s views is made in the agreement. If the child’s views cannot be ascertained due to their age and level of development, a note of this is also made in the agreement.
Consents
Depending on the situation, confirmation of the agreement may require the consent of certain persons. A person giving consent means persons other than the contracting parties.
Consent is required
- from a co-custodian, if the child has one
- from the person who has previously been granted a confirmed right to information, if the agreement affects that already confirmed right to information
- from a person particularly close to the child, if the child has been granted a confirmed right to meet such a person and if the agreement may affect the exercise of that right of access.
Confirmation of the agreement
The agreement is confirmed by the child supervisor of the wellbeing services county in which the child has their place of residence.
The agreement must not be confirmed if neither of the child’s parents is a custodian of the child. The agreement also cannot be confirmed if there is reason to suspect that it is contrary to the child’s best interests. A written decision with reasons is issued on the matter. Instructions for appeal are enclosed with the decision.
A confirmed agreement may be enforced in the same way as a final court decision.
Validity of the agreement
An agreement on child custody and residence is always valid indefinitely. By contrast, an agreement on the right of access may be graduated so that it differs for different age stages, or it may be fixed-term, after which the situation is reviewed again.
Amending the agreement
An agreement confirmed by the wellbeing services county may be amended by a new agreement or by a court decision if circumstances have changed after the confirmation of the agreement or if there are other grounds for doing so.
Agreement and decision forms
Lapsen huolto ja tapaamisoikeussopimus (word doc 490 kt)
Päätös lapsen huolto- ja tapaamisoikeussopimuksen vahvistamisesta (word doc 441 kt)
Agreement on child custody and right of access (forms in English)
The documents below are bilingual (Finnish–English). When using these documents, please note that in any interpretation situations between the languages, Finnish is the official language of the documents and English is an unofficial translation.
Agreement on child custody and right of access (word doc 499 kt)
Decision on the confirmation of the agreement on child custody and right of access (word doc 445 kt)
Contact details
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