FINLAND Law and Practice Contributed by: Pekka Tuunainen, Pekka Tuunainen Attorneys Ltd
3.2 Living/Contact Arrangements and Child Maintenance If agreement on the child’s living arrangements and visitation are not reached, either parent can take the case to court. Courts consider cases as they would any dispute, and child matters must be given expe ‑ dited handling. Both parents are legal custodians of a child, which means that parents together decide all relevant mat ‑ ters relating to the child. Divorce or separation does not change this principle, nor does the fact that the other parent lives in another country. Parenting deci ‑ sions would also be made together after separation. Living in different countries is a practical question, and the principle of common custody is clear, but courts have powers to order otherwise too. The question about where a child would live after sep ‑ aration is considered from the child’s point of view. If parents live close to each other, living is based more and more on a week-by-week basis with each parent. The key principle is that both parents are considered to be good parents to live with. In cases where parents do not live close to each oth ‑ er or live in different countries, a court would decide where the child should live. In international cases, especially if the child has not lived for long in Finland, the child could be ordered to live in the other country if that is in the best interest of the child. Visitation rights are important to parties and the child. Courts try to establish adequate visitations if parents cannot agree and one parent is opposing visitations. If parents agree on a child’s living and visitations/con ‑ tact, courts must verify such agreement if it is not obviously contrary to the child’s interest. In practice, agreements are always verified. Maintenance is determined on three factors: • the net income of the primary caregiver (ie, the parent living with children) after housing costs and other necessary living costs; • the net income of the other parent after housing costs and other necessary living costs; and
ceeding. Mediation is run by an experienced judge who was not previously involved in the case. There are no minutes drawn up, and discussions are informal. A key objective is that the dispute is settled without following the legislation and parties are free to deter ‑ mine the terms of settlement. Mediation at court is free of charge, but parties are responsible for their own legal fees if they use counsel. One of the biggest advantages is the speed of the process, which can be significantly less than with normal court proceedings. If agreement is reached at court mediation, the status of the agreement is equal to a court judgment. The agreement is legally final and enforceable immediately. In children-related proceedings, Finnish courts have jurisdiction if the child has habitual residence in Fin ‑ land at the time the matter is taken to court. This is the main rule; nationality has no relevance in this matter. Courts tend to rule that they have jurisdiction quite easily if the child is registered in Finland with a Finnish resident parent. Any other proof of living in Finland is also carefully considered. Residency is considered under the normal residency rules. The law states that a child who has lived in Fin ‑ land without interruptions for at least one year imme ‑ diately before the matter was taken to the court is considered to be habitually resident in Finland, unless otherwise shown in the case. 3. Child Law 3.1 Choice of Jurisdiction in Children Proceedings A Finnish court can also have jurisdiction after its con ‑ sideration, even if the child is not habitually resident in Finland at the time the case is taken to court, if the child is currently residing more or less temporarily in Finland or if the consideration is deemed justified for some other reason and: • the child has been habitually resident in Finland during the year preceding the court case; or • the child has, all relevant things considered, another close connection to Finland.
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