Advokatfirman Segerström is a licensed law firm in Sweden and also a member of the Swedish Bar Association
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What foreign parents need to know about appealing family court rulings
If you’ve gone through a child custody or visitation process in Sweden and received a decision from the court that feels unfair or incorrect, you may wonder whether there is anything you can do. The short answer is yes – you can appeal. However, there are specific rules, deadlines, and legal procedures that you need to understand.
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This article explains how custody and visitation appeals work in Sweden, especially from the perspective of someone unfamiliar with the Swedish legal system.
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Your Right to Appeal
In Sweden, you have the right to appeal a court decision regarding custody (“vårdnad”) or visitation (“umgänge”), regardless of whether the court granted sole custody (“ensam vårdnad”), joint custody (“gemensam vårdnad”), or made specific decisions about visitation schedules.
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To file an appeal, you must be a legal party to the case – typically, this means you are one of the child’s parents.
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When you appeal, a higher court will review the decision. Most custody cases begin in the District Court (“tingsrätten”), and if you are unsatisfied with that decision, you may appeal to the Court of Appeal (“hovrätten”). In rare cases, you may request a further appeal to the Supreme Court (“Högsta domstolen”), but the Supreme Court only grants leave to appeal in cases of significant legal importance.
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Time Limits: Act Quickly
If you plan to appeal, you must act quickly. The time limit for filing an appeal in child custody or visitation matters is three weeks from the date you received the decision (“delgivning”) from the court.
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If you miss this deadline, you lose your right to appeal, and the decision becomes legally binding.
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Your appeal must be submitted in writing to the same court that issued the original ruling (usually the District Court). Your appeal should clearly state:
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Which decision you are appealing
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Why you believe the decision is incorrect
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What changes you want the higher court to make
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What Is Required for a Successful Appeal?
Just filing an appeal is not enough to win. You will need to show that the original court made a legal or factual error. Examples include:
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Incorrect evaluation of the evidence
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Ignoring relevant facts
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Misapplication of Swedish family law
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To strengthen your appeal, you should gather all relevant documentation and evidence – such as new witness statements, psychological evaluations, or other material that supports your case and may not have been considered in the first hearing.
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It’s highly recommended to work with a family law attorney (“familjerättsadvokat”) who understands the Swedish legal system and can guide you through the process.
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How Appeals Work in the Court of Appeal (“Hovrätten”)
When your case reaches the Court of Appeal, the judges conduct a new review of the case. This may include:
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Re-examining the legal reasoning
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Re-assessing the evidence
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Accepting new relevant evidence or arguments
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The Court of Appeal may:
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Uphold the original decision
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Change the decision
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Send the case back to the District Court for a new trial
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If you are still dissatisfied, you can apply for permission to appeal to the Supreme Court (“Högsta domstolen”). However, this is only granted in exceptional cases, such as when the case involves a legal principle of broad public interest.
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Legal Costs and Financial Aid
Appealing a court decision may involve legal costs for both parties. However, you may be eligible for legal aid (“rättshjälp”), depending on your income and the nature of the case. Legal aid may also be included in your home insurance policy (“hemförsäkring”) under legal protection (“rättsskydd”).
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It’s important to evaluate the potential cost of an appeal – and weigh it against your likelihood of success.
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When Is It Worth Appealing?
Appealing a decision is not always the best path forward. Legal proceedings can be lengthy, emotionally draining, and costly. Before appealing, consider:
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Are your chances of success reasonable?
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Could mediation or a new negotiation achieve better results?
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What is truly in the child’s best interest (“barnets bästa”)?
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Sometimes, reaching a new agreement through dialogue or assisted negotiation can be more constructive than entering a new legal battle.
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Conclusion
Yes, you can appeal a custody or visitation decision in Sweden – but you must act within the three-week deadline, and your appeal must be based on strong legal or factual grounds.
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With the right preparation, evidence, and professional support, you can increase your chances of success. Most importantly, always keep the child’s well-being at the center of your decision-making.
