Being accused of violence—especially during a custody dispute—is serious and can have major legal consequences. But what actually happens under Swedish law if one parent is accused of being violent toward the child or the other parent? Can custody be lost based solely on an allegation?
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This article explains how Swedish courts handle such claims, what kind of evidence is required, and what you as a parent can do if you are accused.
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Violence Is a Serious Factor in Swedish Custody Cases
Under Swedish law (the Föräldrabalken), the best interests of the child are always the top priority. If there are allegations that a child has been exposed to violence, or that one parent has used violence against the other, the court will take this very seriously.
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This can lead to:
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The accused parent not being granted sole or joint custody
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The child not being allowed to live with the accused parent
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Contact being restricted or supervised
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Is an Allegation Alone Enough?
No, a mere allegation does not automatically result in a change in custody. The Swedish court will conduct a comprehensive assessment and consider:
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Whether there is supporting evidence from the social services or police
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Whether the child has spoken about the violence
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Whether there are other risk factors, such as past convictions or sheltered housing
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Each parent’s ability to cooperate and prioritize the child’s needs
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A criminal conviction is not required, but the court does need some level of credible evidence.
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What Should I Do If I Am Accused of Violence?
If you are accused of violence in a Swedish custody case, it’s crucial to take immediate action:
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Get legal help. A family law attorney in Sweden can help you respond effectively and present your case.
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Cooperate with investigations. Swedish social services (socialtjänsten) may conduct a custody investigation.
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Focus on the child’s well-being. The court wants to see that you can prioritize your child’s needs, even during conflict.
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How Does Sheltered Housing Affect the Case?
If the other parent and the child are living in sheltered housing (skyddat boende), this often signals that there are serious allegations. Courts in Sweden usually view this as a strong indication of risk, especially if the arrangement is supported by social services.
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Can I Still Have Visitation Rights?
In some cases, a parent accused of violence may still be granted visitation rights (umgänge), but often with restrictions:
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Supervised visitation (umgängesstöd)
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Visitation at a neutral location
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Temporarily suspended visitation while the case is under investigation
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The Swedish court may also decide to deny contact completely if it finds the risk to the child too high.
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Summary
Yes, it is possible to lose custody in Sweden due to allegations of violence—but it depends on the specific circumstances and evidence. The court requires a certain level of proof and always focuses on what is safest and best for the child.
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If you are facing allegations of violence in a Swedish custody dispute, it is essential to seek legal advice as early as possible. Your rights as a parent—and your child’s future—may depend on it.
