100 Questions & Answers on Child Visitation Rights in Sweden

General Questions About Custody and Visitation

1. What does visitation mean?
Visitation refers to the time a child spends with the parent they do not normally live with.

2. What is the “custodial parent”?
This is the parent with whom the child is registered (folk­bokförd) and primarily lives.

3. What is shared residency (alternating residence)?
This means the child lives equally with both parents, for example, alternating weeks.

4. Who decides where the child should live?
Parents decide together if they have joint custody. If they cannot agree, the court decides.

5. Can the child decide where to live?
The child’s opinion is taken into account—especially from age 12—but the final decision is not made by the child.

6. What happens if the parents cannot agree?
They can attend cooperation talks through social services (socialtjänsten) or apply to court for a decision.

7. Do both parents have the right to visitation with the child?
Yes, even a parent who does not have custody is usually entitled to visitation.

8. Can a court decide on visitation?
Yes, if parents do not agree, the district court (tingsrätten) can decide on the terms of visitation.

9. What is a visitation agreement?
It is a written agreement between the parents, approved by the local social welfare committee (socialnämnden).

10. Is a visitation agreement legally binding?
Yes, if it has been approved by the social welfare committee, it becomes legally enforceable.

Visitation Rights and the Child’s Best Interests

11. Does the child have a right to contact with both parents?
Yes, under Swedish law, the child has a right to maintain a relationship with both parents, regardless of where they live.

12. Can one parent deny visitation?
No, not without valid reasons. A parent cannot unilaterally stop visitation without a court decision.

13. What if the child doesn’t want to see the other parent?
The child’s wishes must be taken seriously, based on age and maturity, but parents are also expected to promote the child’s relationship with both parents.

14. Can visitation be supervised?
Yes, if there’s a risk to the child, such as violence or substance abuse, the court may order supervised visitation.

15. Who decides the details of visitation?
Ideally, the parents agree. If not, the court can set a specific visitation schedule.

16. Can visitation be flexible?
Yes, as long as both parents agree, a flexible schedule that suits the child’s needs is allowed.

17. What is visitation interference (umgängessabotage)?
When one parent unjustifiably prevents or complicates visitation with the other parent.

18. Can the court change a previous visitation order?
Yes, if circumstances have changed, a new court decision can be requested.

19. Who pays for visitation-related expenses, such as travel?
Both parents are responsible. The court may assign costs to one parent.

20. What happens if parents live far apart?
The court may order fewer but longer visits, and specify who handles travel arrangements and costs.

Living Arrangements and Shared Residence

21. What does “shared residence” legally mean in Sweden?
The child lives roughly equally with both parents, such as alternating weeks.

22. Is joint custody required for shared residence?
No, but it is most common when parents share custody. Shared residence requires cooperation.

23. Can a child be registered (folk­bokförd) at both addresses?
No, the child can only be officially registered at one address, even if they live equally with both parents.

24. Who decides where the child is registered?
Parents must agree. If they disagree, the Swedish Tax Agency (Skatteverket) or a court decides.

25. Does the registered address affect the child’s rights?
Yes, it influences school placement, childcare access, and eligibility for housing benefits.

26. What is a “residency dispute”?
A legal conflict over which parent the child should primarily live with.

27. Can shared residence work if parents live far apart?
It’s more difficult, especially if it affects school or social life. The court evaluates what’s best for the child.

28. Is shared residence always in the child’s best interest?
Not necessarily. It depends on the child’s age, needs, the parents’ ability to cooperate, and distance.

29. Can the child influence living arrangements?
Yes, especially if the child is over 12. Older and more mature children have more say.

30. Can the living arrangement change over time?
Yes, through agreement or by seeking a new court decision if the child’s needs evolve.

Cooperation Talks and Mediation

31. What are “cooperation talks” (samarbetssamtal)?
Voluntary discussions with support from social services to help parents agree on custody, visitation, or living arrangements.

32. Are cooperation talks free?
Yes, they are free and provided by the local municipality.

33. Who can request cooperation talks?
Either parent, or both together, can contact social services to request them.

34. Are the talks legally binding?
No, but if they result in an agreement, it can be approved by the social welfare committee and become legally binding.

35. What is the goal of cooperation talks?
To improve communication and find a solution in the child’s best interest—without going to court.

36. Can you attend these talks even if a court case is ongoing?
Yes, and courts often encourage parents to try resolving conflicts this way first.

37. What if the talks don’t work?
Parents can proceed with court proceedings if no agreement is reached.

38. Are there alternatives to cooperation talks?
Yes, private or formal family mediation may be offered, often led by trained mediators.

39. Is mediation required before going to court?
No, but the court may suggest it to reduce conflict and reach agreement.

40. What is the difference between cooperation talks and mediation?
Cooperation talks are facilitated by social services, while mediation is more structured and private, often involving a neutral third-party mediator.

Court Process in Visitation and Residency Disputes

41. How do you start a custody or visitation case in court?
By filing a summons application (stämningsansökan) with the district court (tingsrätten) where the child is registered.

42. Do I need a lawyer?
It’s not mandatory, but strongly recommended—especially in complex or emotionally sensitive cases.

43. What is the court fee for filing a child-related case?
900 SEK for custody, visitation, or child-related disputes. Legal fees may apply, but legal aid is available in some cases.

44. How long does a court case take?
It varies, but usually takes a few months up to over a year depending on complexity.

45. What happens after the application is submitted?
The court schedules a preparatory hearing (MUF – muntlig förberedelse) for both parties to explain their positions.

46. What is a MUF (preparatory hearing)?
A meeting in court to try to reach agreement or prepare for trial if no agreement is possible.

47. Can the court make temporary decisions?
Yes, through an interim order (interimistiskt beslut), which applies until the final ruling.

48. Does the child speak in court?
Not directly. Social services may speak with the child and report their views.

49. What is a custody investigation?
A court-ordered investigation by social services to determine what is in the child’s best interest.

50. Can a court decision be appealed?
Yes, within three weeks after the ruling, you may appeal to the Court of Appeal (hovrätten).

The Child’s Voice and Participation

51. Can a child express their opinion in a custody or visitation dispute?
Yes, according to Swedish law (Föräldrabalken), the child’s opinion must be considered, based on age and maturity.

52. From what age does the court listen to the child’s views?
There is no fixed age, but children over 12 years old are generally given greater influence.

53. How is the child’s opinion presented to the court?
Usually through conversations with social workers or a specially appointed child representative; the child does not testify in court.

54. Does the child meet the judge directly?
No, children do not appear in court; this is to protect them from stress and conflict.

55. What if the child says different things to different people?
The court evaluates the child’s statements along with other evidence and the overall situation.

56. Can the child’s view differ from the parents’ wishes?
Yes, but the final decision lies with the court, which determines what is in the child’s best interest.

57. Is the child’s opinion always decisive?
Not always. It is an important factor, but not the only one. The child’s age and reasoning are considered.

58. Can a child refuse visitation?
If the child is sufficiently mature and gives a reasonable explanation, the court may factor this into the decision.

59. What should be done if visitation negatively affects the child?
Contact social services and consider applying to court for a change in the visitation order.

60. Can the child have their own lawyer?
Yes, in complex cases (e.g., violence or conflicts of loyalty), the court may appoint a special representative for the child.

Special Situations and Conflicts

61. What if a parent doesn’t comply with a visitation order?
The other parent can request enforcement (verkställighet) through the district court.

62. What does enforcement of a visitation order mean?
The court may issue measures such as fines or appoint a contact person to ensure the order is followed.

63. Can a parent be forced to hand over the child?
Yes, in some cases the police may assist in enforcing court decisions.

64. What is visitation refusal (umgängesvägran)?
When a child or the custodial parent refuses to carry out visitation without valid reasons.

65. What if I believe the child is unsafe with the other parent?
Contact social services immediately. It may also be grounds to apply for a change in court orders.

66. Can joint custody end due to poor cooperation?
Yes, if the conflict is severe, the court may find that sole custody is in the child’s best interest.

67. What is visitation support (umgängesstöd)?
A professional who attends visitation to support the child and ensure a safe environment.

68. Can visitation be digital or by phone?
Yes, particularly when travel is not feasible or in situations of high conflict.

69. What happens if one parent wants to move far away?
This can impact custody and visitation, and often requires a new agreement or court decision.

70. Can one parent take the child abroad without permission?
Not if both parents have joint custody—both must agree before international travel.

Financial and Practical Matters

71. Who pays for the child’s travel during visitation?
Both parents share responsibility. The court can decide which parent should bear the costs.

72. Can the visiting parent receive child allowance?
No, child allowance is paid to the parent with whom the child is registered.

73. Can child allowance be shared in joint residence?
Yes, parents can request equal distribution from Försäkringskassan (Swedish Social Insurance Agency).

74. Do both parents qualify for child support?
No, only the custodial parent may receive maintenance support if the other doesn’t pay.

75. What is child maintenance (underhållsbidrag)?
A payment from the non-resident parent to the custodial parent to help support the child.

76. How is the amount of child maintenance decided?
Based on the child’s needs and each parent’s financial capacity—can be set privately or by court.

77. Can the visiting parent get support for visitation expenses?
Yes, in some cases Försäkringskassan offers special support for increased visitation costs.

78. How does registration affect household finances?
The child’s official address impacts eligibility for benefits like housing allowance and school enrollment.

79. Can both parents get housing benefits in shared residence?
Only if registration and living arrangements meet Försäkringskassan’s criteria for split residence.

80. Can parents create private agreements on finances and living?
Yes, but for it to be legally binding regarding children, it should be approved by the social welfare committee.

Rights, Changes, and Ending a Dispute

81. Can a custody or visitation order be changed?
Yes, if there has been a significant change in the child’s or parents’ circumstances.

82. How do you request a change to a previous decision?
By submitting a new application to the district court (tingsrätten).

83. Do both parents need to agree on changes to residence or visitation?
Yes, if it’s based on an agreement. If there’s a court order, a new court decision is required to make changes.

84. What happens if a parent violates a visitation agreement?
The other parent can apply to the court to enforce the agreement.

85. Can a child refuse to follow a visitation ruling?
If the child is older and has strong, valid reasons, the court may consider their wishes.

86. Is a Swedish visitation decision valid abroad?
It depends on the country’s laws, but within the EU, enforcement is possible under the Brussels II regulation.

87. What happens if one parent passes away?
Normally, the surviving parent gains sole custody, unless there are special circumstances.

88. Can a new partner receive custody or make living decisions?
No, only biological or adoptive parents can obtain custody through a court ruling.

89. Does the child have the right to maintain contact with extended family?
Yes, under the European Convention on Human Rights, children have a right to family life.

90. Can social services offer help after a court decision?
Yes, they may provide support like visitation monitoring, family counseling, or follow-up.

91. What is the goal of ending a custody or visitation dispute?
To ensure the child has a stable home and good relationships with both parents.

92. Can parents make a new agreement after a court decision?
Yes, if they can cooperate again, they may create a new agreement that replaces the court’s ruling.

93. Can parents return to joint custody after sole custody?
Yes, if cooperation improves, a request for joint custody can be filed with the court.

94. What happens if the child moves to another country?
New laws may apply. It’s important to check legal rules in both Sweden and the new country.

95. Can a child get their own legal representative in complex cases?
Yes, especially if the child’s rights risk being overlooked, the court may appoint a special representative.

96. Who has the right to read the social services’ report?
Both parents can read it, but parts may be confidential to protect the child.

97. Can custody and visitation orders last until the child turns 18?
Yes, but they can be reviewed and changed if needed during the child’s upbringing.

98. Is it common for parents to agree without going to court?
Yes, many resolve custody and visitation matters through social services or mutual agreements.

99. Can a parent lose all visitation rights?
Yes, in very serious situations, such as abuse or danger to the child, visitation can be denied.

100. What is the most important thing to keep in mind about custody and visitation?
The child’s best interests must always come first—in both daily life and legal decisions.