A claim (in Swedish: “yrkande”) is the formal request or demand made by a party in a legal proceeding. In a custody dispute, it simply refers to what you, as a parent, want the court to decide.
Examples of common claims in custody cases:
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That you be awarded sole custody of the child.
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That custody be shared jointly.
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That the child reside primarily with you.
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That the child have a specified visitation schedule with the other parent – or no contact at all.
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That a previous court decision be modified.
Why is the claim so important?
Your claim forms the basis for what the court is allowed to examine. For example, if you only request joint custody, the court cannot rule for sole custody – even if that would otherwise be justified. This is why it’s crucial to formulate your claim clearly and strategically from the outset.
Courts generally cannot go beyond what has been requested, but they can make a decision within the scope of your claim. This means you should carefully consider exactly what you want to achieve.
How should a claim be formulated?
A claim should be clear and concrete. Examples:
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“I request that the District Court award me sole custody of the child.”
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“I request that the child reside primarily with me, with visitation every other weekend with the other parent.”
In a written application or response to the court, the claims are typically listed first. A lawyer can help you phrase them correctly from a legal perspective.
Can a claim be changed during the proceedings?
Yes, it is possible to adjust or expand your claim as the process unfolds, especially if new circumstances arise. However, this may affect the evidence presented and the court’s preparation, so changes should be made thoughtfully – and ideally with legal counsel.
What happens if you make no claim?
If you are a party to a custody case and do not make any claim, the court may only consider the opposing party’s demands. Therefore, it is always important to state clearly what you want the court to decide – even as an alternative claim.
Need help formulating claims in a custody dispute?
At Segerström Law, we have extensive experience representing parents in custody proceedings. We help you articulate the right claims, present evidence, and protect your child’s best interests – both in negotiations and in court.
Contact us for legal advice before or during a custody dispute. The right claim can be crucial to the outcome.
