Regulating Phone Contact and Digital Communication Between Children in Public Care and Their Parents

This study examines how the Norwegian Child Welfare Tribunal justifies regulating telephone and digital communication between children in public care and their parents. The regulation of such contact represents a distinct form of state interference in family life and must adhere to principles of necessity, proportionality, and respect for children’s rights. Using a thematic analysis of 34 Tribunal decisions involving 44 children, the study identifies four central themes: ensuring stability and emotional security, addressing parental behavior, balancing proportionality and necessity, and considering the child’s view. The Tribunal’s reasoning often reflects a cautious, preventive approach, prioritizing emotional stability. However, the lack of transparent assessments of necessity and inconsistent inclusion of children’s perspectives raises concerns about proportionality and children’s autonomy. Additionally, the limited involvement of children in these decisions risks making restrictions difficult to implement in practice, as children may not understand or agree with them and instead seek unregulated contact. The findings underline the need for clearer justifications and more consistent consideration of a child’s view to ensure that decisions align with their best interests and remain feasible in practice.