Custody, residence, and contact

During separation – how to reach agreement

Agreements

If you agree, you can sign an agreement on custody, residence, and contact. The Social Welfare Committee checks that the agreement is in the child’s best interests. Once approved, it is legally binding like a court judgment. Contact the Family Law Unit if you wish to draw up an agreement.

Cooperation talks

If you do not agree, you can attend cooperation talks at the Family Law Unit. The goal is to reach agreement on custody, residence, and contact based on the child’s needs. The talks can also cover financial matters concerning the child.

If you reach agreement, you can make a written arrangement or sign a legally binding agreement that applies like a court judgment.

Assessments via the District Court

The District Court can request an assessment by the Family Law Unit regarding custody, residence, and contact. The purpose is to give the court a basis so the decision is guided by the child’s needs and best interests.

Before the court considers the case, parents must attend an information meeting via the Family Law Unit. The aim is to find a consensual solution. Conflict harms children, so a court process should be avoided if possible.

Key terms: custody, residence, and contact

Legal guardians

Having custody means responsibility for the child’s care, safety, maintenance, education, and upbringing. Legal guardians make legal decisions about the child. As the child grows, the child’s views must be taken into greater account. If guardians live apart, both must help the child keep the contact the child needs with the other parent.

Joint legal custody

In most cases both parents are legal guardians and share equal responsibility for major decisions. Married parents have joint legal custody automatically. After divorce, joint custody remains unless changed. Unmarried parents can register joint legal custody when legal parenthood is acknowledged or later with the Swedish Tax Agency.

Joint legal custody means shared responsibility to meet the child’s needs. Parents decide on matters concerning the child and must consider the child’s views in line with age and maturity. There is no exact age limit. If parents live apart, both must help the child maintain contact with both parents.

Sole legal custody

Sole legal custody means one parent alone has legal responsibility. Even then, both parents must help the child meet and have contact with the other parent.

Child maintenance and costs linked to contact

All parents must contribute to their child’s maintenance according to ability, whether the child lives with them or not.

The duty to maintain applies until the child turns eighteen. If, after turning eighteen, the child is still in general education equivalent to upper secondary school, the duty continues until studies finish, but no longer than until the child turns twenty-one.

If the child lives with one parent and has contact with the other parent who lives elsewhere, the resident parent must share travel costs to a reasonable extent, considering the parents’ finances and other circumstances. If parents lack the means for contact to take place, the parent who is to have contact can apply for financial assistance from the municipality where that parent lives.

If you do not agree, you can contact the Family Law Unit for support.