Post-separation abuse refers to continued harm after a violent relationship has ended. It may include:
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the abusive parent using visitation rights as a tool of control,
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refusal to cooperate regarding decisions about the child,
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forcing the child to maintain contact despite fear or anxiety,
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using the legal process itself as a means to harass or dominate the other parent.
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How does post-separation abuse affect a custody case?
According to Swedish law, the best interest of the child must always come first. If there is a history or risk of abuse, this should carry significant weight in decisions regarding custody, residence, and visitation. However, post-separation abuse is sometimes downplayed or overlooked in court, especially if there is no criminal conviction or clear evidence.
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It is therefore very important to:
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document all communication with the other parent,
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save text messages, emails, and witness statements,
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inform your lawyer early about any history of abuse or threats, even if they occurred in the past.
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Can the abusive parent still get custody or visitation?
Yes, that is possible. A court may allow visitation even if abuse has been reported, especially if it believes that contact can happen in a “safe” way – for example, through supervised visitation. However, it is possible to obtain sole custody or to restrict contact if strong reasons are presented.
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You must then show that ongoing contact with the other parent is harmful to the child, or that cooperation is completely impossible.
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What can you do if you are affected?
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Seek legal help early. A lawyer experienced in custody cases involving abuse can make a significant difference.
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Contact social services. They have a duty to investigate concerns if a child may be at risk.
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Apply for sole custody. If cooperation puts your or your child’s safety at risk, you can request sole custody.
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Document everything. Every piece of evidence can be critical in court.
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Protect the child. Your primary responsibility is to ensure the well-being of your child – you are entitled to act when the child suffers.
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Do you need legal assistance?
At Advokatfirman Segerström, we have extensive experience representing parents in custody disputes involving domestic violence and post-separation abuse. We know how to raise these issues in court and how to build a legal strategy that protects children.
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Contact us if you believe you are experiencing post-separation abuse – you are not alone, and there are legal options available.
