Oral Preparation (MUF) in a Custody Case – Sweden

If you are involved in a custody dispute in Sweden, the court will usually hold a preliminary oral hearing known as MUF (Muntlig Förberedelse) before a full custody trial. This hearing is crucial because it sets the stage for the case, gives both parents a chance to present their initial arguments, and allows the judge to determine the next steps. Below, we explain how MUF works, what to expect, and how to prepare effectively with your lawyer.

 

What is MUF in a Custody Case?

MUF is a mandatory court hearing where the judge, parents, and their lawyers discuss:

 

• Whether there is room for settlement or if the case must go to trial.
• The child’s best interests and any immediate concerns regarding custody, residence, or visitation.
• The evidence that will be presented if the case proceeds.
• Whether any temporary (interim) decisions need to be made before the final ruling.

 

The goal of MUF is to clarify key issues, encourage agreements, and reduce unnecessary conflicts.

 

Who Attends the MUF Hearing?

• The Judge – Leads the hearing and asks questions to both parties.
• Your Lawyer – Represents your position and protects your rights.
• The Other Parent and Their Lawyer – Presents their side of the case.
• A Court Clerk – Takes official notes.
• A Representative from the Social Welfare Committee (sometimes) – Provides professional input regarding the child’s well-being.

 

In rare cases, the child may be represented by a child psychologist or social worker, but the child does not attend the hearing.

 

What Happens During the MUF Hearing?

 

1. The Judge Introduces the Case

The judge starts by summarizing the dispute, reviewing any previous agreements or decisions, and explaining the purpose of the hearing.

 

2. Both Parents Present Their Positions

Each parent, through their lawyer, explains their custody requests and reasons. The judge may ask direct questions to clarify the case.

 

Example: If one parent wants sole custody, they must explain why they believe the other parent cannot handle joint custody.

 

3. The Judge Asks About Possible Agreements

Before proceeding to trial, the judge explores whether the parents can reach a settlement on any issues. Even a partial agreement (e.g., on visitation schedules) can help simplify the case.

 

4. Discussion About Temporary (Interim) Decisions

If there is an urgent custody or visitation issue, the judge can make an interim ruling that applies until the final judgment.

 

Example: If one parent refuses visitation, the court may order temporary visitation rights.

 

5. The Judge Decides on the Next Steps

If no agreement is reached, the judge will:

 

• Decide whether a VBU investigation (custody evaluation) is needed.
• Schedule the main custody trial.
• Set deadlines for submitting evidence and witness lists.

 

How to Prepare for MUF

 

1. Consult Your Lawyer

Since MUF is a legal proceeding, you should prepare with your lawyer beforehand. They will:

 

• Help you structure your arguments clearly.
• Identify the strongest evidence to support your case.
• Prepare responses to likely questions from the judge.

 

2. Gather Strong Evidence

The court considers the child’s best interests above all else. You should present:

 

• School or medical records proving that you provide a stable environment.
• Witness statements from teachers, relatives, or professionals.
• Proof of your involvement in the child’s life (photos, messages, schedules).
• Evidence of the other parent’s shortcomings, if relevant.

 

3. Stay Calm and Respectful

Even if the other parent makes false claims, stay professional. The judge observes how both parents behave, and a calm, respectful approach strengthens your credibility.

 

4. Be Open to Negotiation

If possible, agreeing on some issues (like visitation schedules) can show the court that you prioritize your child’s well-being over conflict.

 

5. Dress and Act Professionally

First impressions matter. Dress appropriately and show the court that you take the case seriously.

 

What Happens After MUF?

• If the parents reach an agreement, the court can approve it and finalize the case.
• If no agreement is reached, the case proceeds to a full custody trial (HUF – Huvudförhandling).
• If necessary, the court orders a custody evaluation (VBU investigation) to gather more information.

 

The judge may also issue temporary rulings on custody or visitation that remain in effect until the final trial decision.

 

Summary

MUF is a crucial step in a custody case. It allows the court to review the case, encourage settlements, and make temporary decisions if needed. Parents should prepare by gathering strong evidence, consulting their lawyer, and remaining calm and professional. The way you present yourself in MUF can influence the judge’s perception of your ability to co-parent and make decisions in the child’s best interests.