Understanding children’s rights during a parental separation is essential for ensuring their wellbeing and legal protection. In Sweden, both national law and the UN Convention on the Rights of the Child guarantee that the child’s best interests must always come first. Here are 10 key questions and answers about how children’s rights are protected during separation under Swedish law.
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1. Does the child have independent legal rights in a separation?
Yes, children have strong rights under Swedish law and the UN Convention on the Rights of the Child, which became Swedish law in 2020. The best interests of the child must always be the primary consideration.
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2. Can the child express their opinion about custody and residence?
Yes, children have the right to express their views, and the older and more mature the child is, the more weight their opinion carries under Swedish law.
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3. What does “the best interests of the child” mean legally?
It is a holistic assessment based on the child’s need for safety, stability, and close relationships with both parents, and protection from loyalty conflicts.
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4. Can a child be forced into shared (alternating) residence?
No, alternating residence (växelvis boende) should only be ordered if it aligns with the child’s best interests and works well in practice.
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5. Does the child have the right to contact with both parents?
Yes, under Swedish law the child has the right to maintain a relationship with the non-residential parent. This is the child’s right—not the parent’s.
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6. What happens if the parents cannot agree on where the child should live?
A Swedish court can make the decision based on the child’s best interests, often with the help of a custody, residence, and contact investigation (vårdnads-, boende- och umgängesutredning) conducted by the social services.
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7. Can the child receive help if they feel mentally unwell after the separation?
Yes, support is available in Sweden through school counselors, the Child and Adolescent Psychiatry Service (BUP), and municipal family support services.
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8. Can one parent move with the child to another location without the other parent’s consent?
No, not if the parents share joint custody. A relocation that significantly affects the child requires the consent of both legal guardians under Swedish law.
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9. What is a custody investigation?
In Sweden, it is an official investigation conducted by the social services at the request of the court, aimed at providing a basis for decisions on custody, residence, and contact.
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10. Can the child be appointed a legal representative of their own?
Yes, in Sweden, a child may be given a special representative (särskild företrädare) if there is an ongoing police investigation or if the child is subject to compulsory care under the Care of Young Persons Act (LVU).
