FINLAND Law and Practice Contributed by: Pekka Tuunainen, Pekka Tuunainen Attorneys Ltd
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 oppos - ing visitations. If parents agree on a child’s living and visitations/ contact, 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. • Net income of primary caregiver (parent living with children) after housing costs and other necessary living costs. • Net income of other parent after housing costs and other necessary living costs. • Needs and spending of children, which is decisive. Both parents must take part in payments. When one parent has more income, they are respon - sible for the majority of payments. When doing calculations, both parents are expected to work and have income, if there is not adequate reason not to work. Child support is not meant to cover 100% the previous standard of living, but more likely an average Finnish standard of living. Child support payments are relatively low compared to some jurisdictions. It is meant to cover basic needs. Healthcare is free as it is state covered. If the child has activities and hobbies that are reason - able, those must be covered. Parents can agree maintenance payments free - ly without court involvement and this happens most of the time. Parents are also encouraged
to use a local social welfare office which offers guidance on child maintenance and visitation agreements. If not agreed, a court will order one parent to pay maintenance, and such order is enforceable. Court orders are normally monthly payments until the child is 18 years of age. Increases in payment are determined by law reflecting the cost-of-living index. If child maintenance needs to change or parents’ ability to pay changes sig - nificantly, a new court order must be applied for, or parents must make new agreements. A child must be represented by a parent or other legal guardian when claiming maintenance. 3.3 Other Matters Courts have powers to make orders on all paren - tal responsibilities and powers – eg, schooling, medical treatment, religion, holidays, language taught to child, etc, if parents have significant disagreements on these matters. In practice this is applied rarely and such matters should be decided by parents. If parental alienation is obvious, courts take this into account when deciding child matters and especially parents’ access to the child. All things are considered and courts tend to pro - mote the establishment of the alienated parent’s contact with children. This can include proactive enforcement orders so the alienated parent can act swiftly to enforce orders. A child may be heard in court in person, if this is necessary for resolving the case and the child requests it or consents to it. Children under 12 years of age may, however, be heard in person only if the hearing is absolutely necessary and it must be considered that the hearing will not cause the child any significant harm. A child
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