– Everything You Need to Know (2025 Edition)
Are you facing a custody dispute in Sweden or simply want to understand how the legal system works when it comes to children?
This guide provides answers to 100 of the most common questions about child custody (vårdnad), residence, visitation (umgänge), your rights as a parent, and the legal process in Swedish courts.
Whether you’re a Swedish resident or an international parent living in Sweden, this article will help you navigate your situation with more clarity.
🔹 Basics of Custody Disputes in Sweden
What is a custody dispute?
A legal process where two parents disagree on custody, residence, or visitation of a child.
What does “custody” mean in Sweden?
Custody (vårdnad) is the legal responsibility to make decisions about a child’s personal matters, such as school, healthcare, and passport.
What’s the difference between custody and residence?
Custody refers to decision-making rights. Residence refers to where the child officially lives (folkbokförd).
What is joint custody?
Both parents share legal responsibility and must make important decisions together.
What is sole custody?
One parent has full legal responsibility and makes all major decisions.
What is visitation (umgänge)?
The time a child spends with the parent they don’t live with.
Do all disputes have to go to court?
No. Many cases can be resolved through cooperative meetings or mediation.
When does a court decide custody?
If the parents cannot reach an agreement on their own.
What is “the best interests of the child”?
A legal principle that guides all custody-related decisions in Sweden.
Who determines what’s in the child’s best interest?
The court, often with input from the social services’ family court unit (familjerätten).
🔹 The District Court Process (Tingsrätten)
How do you start a custody case?
By filing a lawsuit (stämningsansökan) with the district court (tingsrätt).
Do I need a lawyer?
No, but legal representation is strongly recommended.
How long does the process take?
Typically 6 to 12 months.
What is an interim decision (interimistiskt beslut)?
A temporary ruling made during the process.
What if the other parent doesn’t respond?
The court can still issue a judgment.
Can I change my demands during the case?
Yes.
What is a main hearing (huvudförhandling)?
The final court session where the judge makes a decision.
Can children testify?
Usually not. Their views are presented through social services.
Are custody hearings public?
They are usually private, but by default are technically open unless confidentiality is granted.
How do I appeal?
You submit an appeal to the Court of Appeal (hovrätten) within three weeks.
🔹 The Role of Swedish Social Services
What is the family court unit (familjerätten)?
A municipal service that investigates custody issues and offers conflict resolution.
What is a cooperation meeting (samarbetssamtal)?
A free, voluntary session to help parents reach an agreement without court.
Is it free?
Yes.
What is a custody investigation (vårdnadsutredning)?
A thorough investigation of the child’s situation, needs, and the parents’ ability to care for them.
How long does an investigation take?
Usually 3 to 6 months.
Can I read the report?
Yes, you have the right to access it.
Can I object to the report?
Yes, in writing.
Does the court always follow the recommendation?
No, but it is often given significant weight.
What do investigators look at?
Parental cooperation, the child’s well-being, risks in the home environment, and more.
Will the child speak to the investigator?
Yes, if the child is considered mature enough.
🔹 Your Rights as a Parent
Can I get sole custody?
Yes, if it is in the best interest of the child.
What are valid reasons for sole custody?
Examples include parental conflict, violence, or substance abuse.
Can I deny the other parent visitation?
Only if there are serious reasons, and typically only with a court’s approval.
Can I move with the child?
Not without the other parent’s consent or a court order.
Can I change the child’s school on my own?
Only if you have sole custody.
Must I inform the other parent about major decisions?
Yes, if you have joint custody.
Do I have the right to school information?
Yes, even if the child doesn’t live with you.
What if the other parent breaks the custody agreement?
You can turn to the court or enforcement authority (Kronofogden).
What is enforcement (verkställighet)?
Legal enforcement of a court decision.
Can I record conversations as evidence?
In some cases – always ask your lawyer first.
🔹 The Child’s Perspective
Can a child choose who to live with?
Not entirely, but their opinion is considered.
From what age is a child’s opinion heard?
Usually from age 12, but younger children may also be heard if mature enough.
What if the child refuses to see the other parent?
The situation must be investigated further.
Can custody disputes negatively affect the child?
Yes, conflict between parents can harm a child emotionally.
Can a child have two homes?
Yes, in a shared residence arrangement (växelvis boende).
What is shared residence?
The child lives alternately with both parents, often weekly.
What if the child has special needs?
That will be taken into account by the court.
What if the child is taken abroad without permission?
Contact a lawyer immediately – this may be a criminal offense.
Can the child get their own legal representative?
In rare and specific situations, yes.
Must the child meet with a psychologist?
Only if deemed necessary by the court or social services.
🔹 Practical & Legal Questions
How much does a custody case cost?
It varies – from a few thousand SEK to over 100,000 SEK, depending on complexity and legal help.
Can I get legal aid or legal expense insurance?
Yes, depending on your income or insurance coverage.
How do I find a good family lawyer?
Search for a lawyer specialized in family law (familjerätt) and ask for referrals.
Can both parents use the same lawyer?
No, that would be a conflict of interest.
Can I represent myself in court?
Yes, but it is not recommended unless you understand the legal system well.
Is mediation mandatory?
No, but it is often recommended before court action.
What is a legal representative (ombud)?
A lawyer or jurist who represents you in court.
What is a written submission (partsinlaga)?
A document submitted to the court outlining your position.
What is a claim (yrkande)?
What you ask the court to decide.
What is a court judgment (dom)?
The final decision made by the court.
🔹 International & Complex Situations
What if one parent lives abroad?
Swedish courts can still handle the case if the child resides in Sweden.
What happens if the child is taken abroad without permission?
It may be considered unlawful child abduction.
What is the Hague Convention?
An international treaty to return children wrongfully removed across borders.
Can a Swedish judgment be recognized in another country?
Yes, especially within the EU.
What if one parent isn’t a Swedish citizen?
That does not affect custody rights.
Can the child have dual citizenship?
Yes – this does not affect custody directly.
Can I get a passport without the other parent’s permission?
Not if you have joint custody – both parents must consent.
What if we were never married?
Joint custody requires a legal declaration or a court decision.
Must paternity be established?
Yes – otherwise, there is no legal parental link.
Can same-sex parents share custody?
Yes, they have equal rights under Swedish law.
🔹 After the Court Decision
Must the court ruling be followed?
Yes, it is legally binding.
What if the other parent refuses to comply?
You can apply for enforcement through the court.
Can the ruling be changed later?
Yes, if there is a significant change in circumstances.
How do I request a change?
By filing a new application to the court.
Does residence affect finances?
Yes, it can affect child benefits and maintenance.
What is child support (underhållsstöd)?
A benefit from the Swedish Social Insurance Agency (Försäkringskassan) for single parents.
Who receives child benefits (barnbidrag)?
The parent the child is registered with.
Can a child be registered at two addresses?
No – only one official address is allowed.
What if the child is moved without my knowledge?
Contact social services or the court immediately.
How is the parent–child relationship affected after a dispute?
It varies – support and healthy communication are essential.
🔹 Emotional & Psychological Aspects
How does a custody dispute affect the child?
Parental conflict can be very stressful for children.
Should the child know about the dispute?
Not in detail – protect them from adult conflict.
Is support available?
Yes – through BUP (child psychiatry), school counselors, or support organizations.
How do I handle guilt or anger?
Professional counseling can help.
What if my child distances themselves from me?
Stay calm and seek professional support to rebuild the bond.
How do I avoid making the child “choose sides”?
Never speak negatively about the other parent.
What if my child is struggling mentally?
Contact healthcare services like BUP immediately.
Can I be investigated as an unfit parent?
Yes – if there are concerns about violence, substance abuse, or neglect.
Can I talk to my child about the case?
Avoid involving the child in legal details – let them stay children.
Can we go to family therapy?
Yes – if both parents agree.
🔹 Final Tips
Can we create our own custody agreement?
Yes – but it must be approved by the local social welfare board.
Does a verbal agreement count?
No – it must be in writing to be legally valid.
How can I document important events?
Keep a diary with dates and descriptions.
What’s important in court?
Show cooperation, stability, and focus on the child’s needs.
Can social media affect my case?
Yes – avoid posting negative content.
What if I’m being threatened?
Report it to the police and notify your lawyer immediately.
Do I have to agree to everything to appear cooperative?
No – but a respectful and flexible attitude helps.
How do I contact the family court unit?
Through your local municipality’s website or phone line.
Can I bring a support person to court?
Yes – check with your legal counsel first.
What is most important to remember?
Always act in the best interest of your child – both legally and emotionally.
Need Legal Help in a Swedish Custody Case?
Segerström Law Firm has extensive experience in Swedish custody law and supports both Swedish and international parents through every step of the process – from legal advice to courtroom representation.
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📞 Contact us for a free initial consultation – you’re not alone. +46 455 100 70
