If your child has been taken into care under LVU (Care of Young Persons Act) in Sweden, you will have a court hearing where a judge decides whether the LVU decision should remain in place or be overturned. This hearing is crucial because it determines whether your child will stay in foster care or be returned to you. Below, we explain how an LVU court hearing works, what to expect, and how a free lawyer can help you present your case.
What is an LVU Court Hearing?
An LVU court hearing is a formal legal proceeding where the Administrative Court (Förvaltningsrätten) reviews social services’ decision to take your child into custody. The court will examine:
- Social services’ reasons for LVU placement
- Evidence provided by parents’
- Expert opinions (doctors, psychologists, social workers, teachers, etc.)
- The child’s perspective (if old enough to express their wishes)
The hearing allows both social services and the parent’s lawyer to present arguments before the judge makes a final decision.
Who is Present in the Courtroom?
During the hearing, the following people are typically present:
- The Judge – Makes the final decision.
- Your Lawyer – Represents you and fights for your child’s return.
- Social Services Representatives – Explain why they believe LVU should continue.
- A Lawyer Representing Social Services – Argues their case in court.
- The Child’s Lawyer or Representative – If the child is old enough, they may have their own legal representative.
- Expert Witnesses (if necessary) – Such as psychologists, doctors, or teachers who provide professional opinions.
Example: If LVU was based on concerns about substance abuse, a doctor may testify about your test results and health status.
What Happens in an LVU Court Hearing?
1. The Judge Opens the Hearing
The judge explains the purpose of the hearing and reviews the documents and evidence in the case file.
2. Social Services Present Their Case
Social services explain:
- Why they believe LVU should continue.
- What risk factors they see in your home situation.
- Any new evidence supporting their position.
- Your Lawyer Challenges Social Services
3. Your lawyer:
- Cross-examines social services’ claims.
- Points out weaknesses or inconsistencies in their argument.
- Presents evidence proving your home is safe and stable.
- Suggests alternative solutions (e.g., placing the child with a relative instead of foster care).
4. Witness Testimonies
If necessary, the judge may allow:
- Doctors or psychologists to comment on your mental and physical health.
- Teachers or family members to confirm your parenting abilities.
- Social workers to discuss the child’s well-being.
5. The Child’s Perspective (If Old Enough)
If the child is mature enough, the court may consider their opinion. The child will not testify in front of the parents but may speak with a legal representative or social worker privately.
Example: If a 14-year-old expresses a strong wish to return home, the court will take this into account.
6. Closing Arguments
Both your lawyer and social services make final statements summarizing their case.
7. The Judge Makes a Decision
The judge usually announces the decision within a few days, but in urgent cases, a ruling may be given immediately. The judge can:
- End LVU and return the child home.
- Continue LVU with regular reassessments every six months.
- Modify the LVU order, such as allowing more visitation or a different placement.
What Are Your Rights in an LVU Court Hearing?
- You have the right to a free lawyer provided by the state.
- You have the right to present evidence that challenges social services’ claims.
- You have the right to question witnesses and challenge their testimonies.
- You have the right to appeal if the decision goes against you.
How to Prepare for an LVU Court Hearing
To improve your chances of success, you should:
- Work closely with your lawyer – They will help you prepare strong arguments.
- Gather strong evidence – Medical reports, witness statements, housing documents, etc.
- Stay calm and professional – The judge will assess your behavior and cooperation.
- Follow any recommendations – If social services suggested improvements, show that you have complied.
Example: If the court had concerns about your housing, bringing proof of a new lease can show positive changes.
What Happens After the Hearing?
- If LVU is lifted, your child is returned to you, possibly with continued supervision from social services.
- If LVU continues, you can request a new review every six months.
- You can appeal the decision to the Court of Appeal (Kammarrätten) if you disagree with the ruling.
How a Lawyer Helps You Win an LVU Case
Since LVU cases involve free legal representation, you should take full advantage of this right. Your lawyer will:
- Prepare and submit strong evidence.
- Cross-examine social services and challenge weak arguments.
- Request witnesses and expert opinions to support your case.
- Help you appeal the decision if necessary.
Summary
An LVU court hearing is your chance to fight for your child’s return. The judge will review social services’ reasons for the LVU placement and your counterarguments. Strong evidence, professional legal representation, and a calm, prepared approach can increase your chances of success.
If your child has been taken under LVU, seek legal help immediately to ensure the best possible outcome.
