FINLAND Law and Practice Contributed by: Pekka Tuunainen, Pekka Tuunainen Attorneys Ltd
ously involved with case. There are no minutes drawn up and discussions are informal. A key objective is that the dispute be settled without following the legislation and parties are free to determine the terms of settlement. Mediation at court is free of charge, but if parties use coun - sel, parties are responsible for their own legal fees. One of the biggest advantages is speed of the process, which can be significantly less than with normal court proceedings. If agreement is reached at court mediation, the status of agreement is equal to court judgment. Agreement is legally final and enforceable imme - diately. In children-related proceedings, Finnish courts have jurisdiction if the child has habitual resi - dence in Finland at the time the matter is taken to court. This is the main rule and 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, if living in Finland, is also carefully considered. Residency is considered by normal residency rules. It is stated in law that a child who has lived in Finland without interruptions for at least one year immediately before the matter was taken to the court, is considered to be habitually resident in Finland, unless otherwise shown in the case. A Finnish court can also have jurisdiction after its consideration, 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 3. Child Law 3.1 Choice of Jurisdiction
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. 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 the court. Courts consider cas - es as any dispute, and child matters must be taken into expedited handling. Both parents are legal custodians of a child. This means that parents together decide all relevant matters relating to the child. Divorce or separa - tion does not change this principle. The fact that the other parent lives in another country does not change this either. Parenting decisions would be made together also 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 separation 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 other or they 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
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