Dilemmas of children’s participation and the role of practice guidelines: the views of judicial decision-makers in Norway

Abstract This study examines how judicial decision-makers in Norway address children’s participation in child welfare cases, focusing on their experiences with dilemmas and the role of practice guidelines. Guided by Article 12 of the UN Convention on the Rights of the Child (CRC) and Norwegian legislation, which establishes children’s right to be heard, in-depth interviews were conducted with 23 decision-makers from the Child Welfare Tribunal and District Courts. Four key dilemmas emerged: assessing children’s maturity, handling vulnerabilities, actualizing participation, and navigating the decision-maker’s role. While guidelines aim to support decision-makers, findings reveal ambivalence: guidelines are seen as useful for training and standardizing practices, yet insufficient in addressing practical challenges. Decision-makers noted gaps in the guidelines’ capacity to provide actionable advice, particularly on facilitating participatory conversations, resolving common dilemmas, and balancing children’s views with judicial neutrality. The voluntary nature and theoretical framing of guidelines limit their effectiveness in ensuring consistent and meaningful participation practices. The study highlights the tension between judicial independence, children’s rights, and the discretionary nature of decision-making. It underscores the need for clearer, more practical guidance to bridge the gap between policy and practice, ensuring children’s rights are upheld while addressing the complex dilemmas inherent in child welfare cases.