Hernehult v. Norway (2020)

This case highlights how Barnevernet often weaponizes a family's "alternative" lifestyle or religion to justify strict limitations on contact.

1. The Logic of Isolation

The Norwegian authorities argued that the parents (who were members of a specific religious community) had "limited parenting skills" and that the children needed to be shielded from their influence. They granted contact only four times a year.

2. The Verdict

The ECHR ruled that this was a violation of Article 8. The Court noted that:

  • No Justification: The state failed to explain why the parents' religious influence was harmful enough to justify almost total separation.
  • Goal of Reunification: By cutting contact so drastically, the authorities abandoned the goal of reunification without proving that the parents were unfit to ever get the children back.