Custody (vårdnad)
Custody concerns legal responsibility for the child's personal circumstances and the right to make important decisions, for example concerning schooling, healthcare and passports. Parents who are married when the child is born automatically have joint custody. Where the parents are not married, the mother initially has sole custody, but joint custody can be established easily, for example in connection with the confirmation of paternity.
Joint custody normally continues after a separation or divorce unless a court decides otherwise.
Residence (boende) and contact (umgänge)
Residence determines with whom the child lives; it may be with one parent or alternating between both. Contact refers to the child's right to spend time with a parent with whom the child does not live, unless this would be contrary to the child's best interests. Both parents share responsibility for meeting the child's need for contact, subject to the child's best interests.
The child's best interests
The child's best interests are decisive. Particular weight is given to the risk that the child or another family member is subjected to violence or other abuse, or that the child is unlawfully removed or retained or otherwise harmed. The child's views are taken into account having regard to the child's age and maturity.
Parental agreements
Parents may agree on custody, residence and contact. An agreement approved by the social welfare committee (socialnämnden) has the same effect as a court judgment. Cooperation talks (samarbetssamtal) are offered by municipalities to help parents reach agreement.
Court proceedings and interim decisions
If parents cannot agree, either may bring proceedings in the district court. The court frequently seeks to facilitate an agreement and may ask the social services for information or an investigation. During the proceedings the court may make interim decisions (interimistiska beslut) that apply until the matter is finally decided.
No particular outcome can be promised in any custody case; each decision depends on the child's individual circumstances.
Cross-border jurisdiction
Jurisdiction in custody matters is generally linked to the child's habitual residence, under Brussels II ter within the EU and the 1996 Hague Convention more widely. Moving a child abroad without the consent of a parent with joint custody may constitute wrongful removal under the 1980 Hague Convention.
Frequently asked questions
Can I move abroad with my child?
If custody is joint, important decisions such as a move abroad generally require the other parent's consent or a court decision.
From what age do children decide for themselves?
There is no fixed age. The child's views are given increasing weight as the child grows older and more mature.
This page provides general information about Swedish law and is not legal advice. The outcome of any matter depends on its specific facts.