If you are involved in a child custody dispute in Sweden, you will likely come across legal terms that may be unfamiliar – one of the most important is “yrkande.” But what does this word mean, and why is it so crucial in a custody case involving issues like legal custody, residence, and visitation?
.
In this article, we explain the meaning of yrkande and its significance in Swedish family law.
.
What does “yrkande” mean?
In Swedish legal language, a “yrkande” is the formal claim or request that a party makes in court. In a child custody case, it refers to what you, as a parent, are asking the court to decide.
.
Examples of common yrkanden in Swedish custody cases include:
.
-
Requesting sole custody (ensam vårdnad).
-
Requesting joint custody (gemensam vårdnad).
-
Asking that the child reside with you.
-
Requesting specific visitation arrangements with the other parent – or to limit visitation.
-
Asking the court to change a previous custody decision.
.
Why is the yrkande important?
Your yrkande determines what the Swedish court is allowed to rule on. For example, if you only request joint custody, the court cannot grant you sole custody – even if there may be grounds for it.
.
This means it is extremely important to formulate your yrkande carefully and clearly from the start. The court cannot decide on anything outside the scope of what you have asked for.
.
How is a yrkande formulated?
A yrkande should be clear, specific, and legally sound. For example:
.
“I request that the district court grants me sole custody of the child.”
“I request that the child shall reside permanently with me and have visitation with the other parent every other weekend.”
.
These requests are usually stated early in your written court submission, such as a statement of claim (stämningsansökan) or statement of defence (svaromål). A lawyer can help you formulate your yrkande in the correct legal form.
.
Can you change your yrkande during the court process?
Yes. In Sweden, it is possible to modify or expand your yrkande as the case progresses, especially if new circumstances arise. However, this can affect the legal strategy and the court’s preparation, so it should always be done with care – preferably with advice from a lawyer.
.
What happens if you don’t make a yrkande?
If you are a party in a custody case in Sweden and do not submit any yrkande, the court may only consider the requests made by the other party. You may lose the chance to have your own wishes heard. Therefore, you should always state what you want the court to decide, even if it is only an alternative request.
.
Need help with a custody case in Sweden?
At Advokatfirman Segerström, we have extensive experience representing parents in custody disputes under Swedish law. We help you formulate strong and strategic yrkanden, support you through the legal process, and focus on protecting the best interests of your child.
.
Contact us for legal advice before or during your custody case in Sweden. The way you present your yrkande can be decisive.
