If your child has been taken into care under LVU (Care of Young Persons Act) in Sweden, the key to overturning the decision is strong evidence. The court relies heavily on social services’ reports, but parents can challenge these by presenting counter-evidence that proves their home is safe and that the LVU decision is unnecessary. Below, we explain what types of evidence are most effective, how to gather them, and how a free lawyer can help you fight for your child’s return.
Why is Evidence So Important in LVU Cases?
When social services place a child under LVU, they claim there is a serious risk to the child’s well-being. To reverse the decision, you must prove that these risks no longer exist or that the original decision was unjustified.
The court considers evidence that answers key questions:
- Is the home safe and stable for the child?
- Have the concerns leading to LVU been resolved?
- Was the LVU decision based on incorrect or exaggerated information?
- Can an alternative solution, such as placement with a relative, be a better option?
Example: If social services claimed that your home was unsafe, but you have since secured new housing, evidence proving this change can strengthen your case.
Types of Evidence That Can Help You Win an LVU Case
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Medical and Psychological Reports
If LVU was based on concerns about your health, mental state, or substance use, medical evidence is crucial:
- Doctor’s statements confirming that you are fit to care for your child.
- Drug and alcohol test results proving sobriety if substance abuse was a concern.
- Psychologist or therapist reports showing stability and progress.
Example: If social services removed your child due to alleged alcohol problems, regular negative test results can disprove this claim.
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Proof of a Safe and Stable Home
If social services cited poor living conditions as a reason for LVU, you need evidence showing your home is now suitable:
- Lease agreements or proof of home ownership.
- Photos and videos showing a clean and safe living space.
- Utility bills proving that your home has water, electricity, and heating.
Example: If the child was removed due to unsafe housing, updated images of a newly renovated home can demonstrate that conditions have improved.
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Witness Testimonies
Statements from trusted professionals and individuals who know your family can be powerful in court:
- Teachers or daycare staff confirming that your child is well cared for.
- Relatives or close friends who regularly see your parenting skills.
- Social workers, doctors, or therapists who support your case.
Example: A teacher’s statement that your child has been happy, well-fed, and engaged in school can contradict social services’ negative assessment.
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Social Services Reports & Documentation Errors
You have the right to request copies of all social services’ reports regarding your case. If there are errors, contradictions, or missing information, you can challenge them:
- Request full documentation from social services.
- Look for mistakes, such as misinterpreted statements or incorrect timelines.
- Highlight inconsistencies between different reports or professionals.
Example: If social services claim you missed meetings, but you have emails proving otherwise, this can be used to undermine their case:
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Proof of Parental Efforts & Improvements
If LVU was ordered due to concerns about your parenting skills, you need to show that you have taken steps to improve.
- Proof of attending parenting courses or counseling.
- Signed agreements with social services showing cooperation.
- Evidence of a support network, such as involvement from extended family.
Example: If LVU was based on a claim that you lacked parenting skills, certificates from a completed parenting course can demonstrate commitment to your child’s well-being.
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Alternative Care Solutions
If the court is unwilling to return the child immediately, offering an alternative care plan can improve your case:
- A willing and suitable relative (e.g., grandparent, aunt, uncle) who can temporarily care for the child.
- A structured plan showing how you will meet the child’s needs.
- Supervised visitation agreements as a step toward full custody.
Example: If the court is concerned about stability, proving that a grandparent can provide temporary care may lead to a less restrictive solution than foster care.
How to Gather and Use Evidence in an LVU Case
Step 1: Work With Your Free Lawyer
LVU cases can be complex, and all parents have the right to a lawyer paid by the state. Your lawyer will:
- Request social services’ reports and identify weaknesses.
- Help you gather the strongest possible evidence.
- Ensure that all documentation is submitted correctly and on time.
- Represent you in court and argue for your child’s return.
Step 2: Keep a Personal Record
Start documenting everything related to the case:
- Dates and times of social services visits and what was discussed.
- Your efforts to improve conditions, such as therapy or home repairs.
- Any changes in your child’s well-being that support your case.
Example: If social services claim you have been uncooperative, keeping records of all meetings and agreements can prove otherwise.
Step 3: Request a Court Review
If new evidence emerges, you can request a new review of the LVU decision. The court is required to reassess LVU placements at least every six months, but you can submit a request sooner if there is strong new evidence.
How a Lawyer Can Help You Use Evidence Effectively
An experienced LVU lawyer will:
- Identify which evidence is most useful in your specific case.
- Ensure all legal documents are properly prepared and submitted on time.
- Challenge weak or misleading claims made by social services.
- Represent you in court to argue for the return of your child.
Since legal costs are covered by the state, you should always use a lawyer to protect your rights and maximize your chances of success.
Summary
To challenge an LVU decision, you need to present clear and strong evidence that proves:
- Your home is safe and stable.
- Concerns about your parenting have been resolved.
- Social services made mistakes or exaggerated risks.
- You have taken steps to improve your situation.
- Alternative care options exist, such as placement with relatives.
