The Dilemma of the Child’s Best Interests in High-Conflict Custody Cases: Judges’ Views and Experiences

This study explores judges’ experiences of assessing parental high-conflict cases in Norwegian courts, focusing on dilemmas in applying the principle of the child’s best interests. Twelve judges from district and appellate courts in Norway were interviewed using a semi-structured guide, and the data were analysed using reflexive thematic analysis. The findings show that these cases are characterised by persistent complexity, including polarised parental perspectives, challenges in determining the “truth”, and uncertainty about the long-term outcomes. We discuss these dilemmas through the lens of wicked problems theory, highlighting how legal processes often struggle to address multifaceted and evolving conflicts. The study underscores the need for flexible approaches and interdisciplinary collaboration to safeguard children’s well-being in high-conflict custody disputes. However, children need stability during lengthy legal proceedings.