Abstract

The increasing cross-border movement of people has created complex intersections between legal systems and cultural values, particularly in the realm of family law. Among the most contested areas is child custody, where cultural understandings of parenting, family structures, and the best interests of the child come into conflict with the often-rigid frameworks of host nation laws. This research explores the tensions arising in child custody determinations involving Indian immigrant families in Norway, a context that brings together one of the world’s most child-protective legal regimes and one of the most tradition-bound family systems. Norway’s child welfare system, particularly the role of Barnevernet (Child Welfare Services), operates under a rights-based, interventionist model grounded in the United Nations Convention on the Rights of the Child (UNCRC). Conversely, Indian family structures and custody traditions are influenced by religious personal laws, cultural practices, and communal child-rearing norms. These differing paradigms have led to multiple high-profile cases and recurring diplomatic frictions between the two nations. Using a doctrinal, comparative, and socio-legal methodology, this paper examines Norwegian and Indian legal frameworks, relevant case law, and institutional practices to unpack the legal-cultural dichotomy at the core of these disputes. The research incorporates critical analysis of international legal instruments, statutory interpretation, and ethnographic perspectives to understand how legal pluralism, cultural misrecognition, and parental alienation converge in transnational custody conflicts. The paper concludes by proposing a policy framework for culturally competent custody jurisprudence in multicultural societies, emphasizing bilateral legal cooperation, culturally informed adjudication, and the integration of minority perspectives in child protection systems. These reforms are essential to safeguarding not only the welfare of children but also the cultural integrity and legal dignity of immigrant families.