A witness is a person who is called to court to provide information that may be relevant to the case. In Swedish custody disputes, this often involves people who have insight into the child’s everyday life, the relationship between the parents, or specific events that may impact the child’s safety or development.
.
Who can act as a witness in Sweden?
Common witnesses in custody cases in Sweden include:
.
-
The child’s preschool or school staff
-
Relatives or extended family
-
Friends or neighbors
-
Contact persons or support workers from Swedish social services
-
Therapists or psychologists (if confidentiality rules allow)
.
It’s important to know that some professionals have a duty of confidentiality under Swedish law, such as psychologists or social workers. In such cases, consent is usually required before they can testify.
.
What can a witness testify about?
A witness can only testify about things they have personally seen, heard, or experienced. They should not express personal opinions about which parent is better but rather provide factual information, such as:
.
-
How the parents act during handovers
-
How the child seems to feel in different environments
-
Any incidents of conflict, threats, or violence they have observed
.
Can the child testify?
In Sweden, it is very rare for a child to be called as a witness in court. Swedish courts are required to prioritize the best interests of the child, and putting a child in a courtroom setting can create loyalty conflicts or stress. Instead, the child is usually heard through interviews conducted by social services or a court-appointed official.
.
How do you choose the right witnesses?
Choosing appropriate witnesses is a key part of the legal strategy. A lawyer experienced in Swedish family law can help identify who can provide the most relevant testimony. Neutral witnesses, such as teachers or professionals, are often seen as more credible than close friends or relatives.
.
How does testimony work in court?
Witnesses receive a summons from the court and must appear at the appointed time. In Sweden, a witness must swear an oath to tell the truth before testifying. First, the party who called the witness asks questions, followed by cross-examination by the opposing party. The court may also ask questions.
.
Is a witness required to testify?
Yes, in Sweden, a person who is called as a witness is generally legally obligated to appear and testify. However, exceptions exist, such as in cases involving confidentiality or personal risk to the witness. In some cases, testimony can be given via phone or video link.
.
How important is a witness’s testimony?
A strong witness statement can affect the court’s assessment, especially when the parents present conflicting versions of events. However, the court will always make a comprehensive assessment based on what is best for the child. Witness testimony is one of several elements the court will consider.
.
.
Summary
Witnesses can play an important role in Swedish custody disputes, especially when the parties disagree on key facts. A credible and relevant witness can help clarify what is truly in the best interests of the child.
.
If you have questions about witnesses or the custody process in Sweden, feel free to contact us at Advokatfirman Segerström – we are here to help you take the next step.
