Visitation is A Right for the Child – Not the Parent
Under Swedish law (specifically the Parental Code – föräldrabalken), visitation is considered a right for the child, not for the parent. A common misunderstanding is that parents have a right to see their child. In reality, Swedish family law focuses on what is in the best interest of the child, not the desires of the parents.
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Can a Child Be Forced to Visit?
Although Swedish courts can issue rulings about visitation, they cannot physically force a child to attend visits against their will. Courts in Sweden are very cautious about overriding the expressed wishes of a child, especially if the child is older and deemed mature enough to form their own views.
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What Happens If the Child Refuses Contact?
When a child refuses visitation, it is important to understand the reason behind it. Possible explanations include:
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Fear or traumatic past experiences
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Influence from the other parent (so-called parental alienation)
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A broken or weak relationship due to lack of contact
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These situations must be investigated, typically by Swedish social services or the court, to assess whether visitation should continue, be adjusted, or be paused entirely.
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The Custodial Parent’s Responsibility
Even if a child is unwilling, the custodial parent has a legal duty to promote and support visitation with the other parent. This includes encouraging the child, explaining the importance of the relationship, and actively working to facilitate contact.
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Failing to do so – especially passively accepting the child’s refusal – may be seen as visitation interference, which can have legal consequences, including changes in custody.
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Enforcement – Can the Court Force Visitation?
If there is a court ruling about visitation that is not being followed, the other parent can request enforcement (verkställighet) through the Swedish district court (tingsrätt). The court may order the custodial parent to comply, often through the threat of a fine (vite).
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However, Swedish courts are very reluctant to use enforcement measures if it’s clear that the child is strongly opposed to contact. The child’s mental and emotional well-being takes precedence.
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How Is the Child’s Will Considered?
In Sweden, the child’s will must be taken into account in all decisions affecting their care and living arrangements. The older and more mature the child is, the more weight their opinion carries. This does not mean the child has full control, but their voice is a key part of the legal assessment.
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What Can a Parent Do?
If you are a parent facing this type of situation in Sweden, you may consider:
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Seeking counseling or family support services via your local municipality
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Initiating cooperation talks (samarbetssamtal) with the other parent
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Contacting a family law attorney to review your legal options
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Considering supervised visitation or the involvement of a contact person
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Conclusion
In Sweden, visitation is considered a right of the child, not an entitlement for the parent. A child cannot be physically forced into contact, but the custodial parent has a duty to actively support the child’s relationship with the other parent. If a conflict arises, early legal and professional support is key to protecting the child’s well-being and maintaining important family relationships.
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Do you need advice regarding custody, visitation, or children’s rights under Swedish law? Contact us at Advokatfirman Segerström – we specialize in Swedish family law and are here to support you.
