"I Want to Move with Our Child!" (Joint Custody)

Moving Decisions Are Part of Custodial Responsibilities

In joint custody arrangements, both parents are expected to make decisions together regarding the child’s personal affairs.

For routine decisions, such as taking the child to the doctor, parents are generally expected to be in agreement. However, there are specific situations that require formal approval from both parents because they significantly impact the child's future:

• Name changes
• School enrollment
• Non-routine medical care
• Passport applications
• Registration with the population registry

To change the child’s registration address or enroll them in a new school, you need the other parent's approval. If the parents cannot agree, the existing arrangements must remain. This rule prioritizes the child’s stability over parental conflict.

What Happens if a Parent Moves Anyway?

The circumstances of the move are crucial. If a parent moves within the same area, the practical changes might be minimal. The child may continue attending the same school and activities and maintain the same joint custody arrangement.

However, if a parent moves the child from, for example, Stockholm to Dalarna without the other parent’s consent and without significant reasons, it fundamentally alters the child's life and disrupts their relationship with the other parent (assuming joint custody).

It Could Be a Criminal Offense

Legally, a parent who moves with a child without the other parent's consent could be committing the crime of unlawful detention of a child, punishable by fines or up to one year in prison (Chapter 7, Section 4 of the Swedish Penal Code).

An exception exists if there are “significant reasons” for the move. This allows a custodial parent limited leeway to take actions that would otherwise be criminal. For example, a move may be justified to protect the child from abuse or violence.

Aside from criminal liability, the parent who moves with the child without consent risks losing custody in a subsequent custody dispute. The court may also decide that the child should primarily live with the other parent.

What Can the Remaining Parent Do?

If a child is moved far away without consent, it is crucial for the remaining parent to act immediately and seek advice from an experienced family law attorney. The appropriate response often depends on the specific circumstances. An attorney can advise if it’s suitable to apply for sole custody on an interim basis in court.

Consider Other Options as a Parent

• Remember the Child’s Rights: The child has the right to maintain a close and positive relationship with both parents (Chapter 6, Section 2a of the Parental Code).
• Seek Mediation: If a move is necessary due to work or other reasons, seek help from Family Court or specialized mediators first. They can help you reach an agreement outside of court. Various ways exist to facilitate the child's contact with the other parent, even when living farther apart.
• Apply for Sole Custody if Necessary: If no agreement can be reached, the parent wishing to move must apply for sole custody in court. Court processes typically take 4-12 months and are costly both financially and emotionally. Keep in mind, the other parent may also request sole custody.
• Get Legal Advice: For more information, book a consultation with an experienced family law attorney to get accurate information and an assessment of your specific situation.
• Need Referrals? If you need recommendations for attorneys, email us at hello@varannanvecka.app, and we can connect you with our partners.

By considering these points carefully, you can better navigate the complexities of moving with a child under joint custody, ensuring that the child's best interests remain at the forefront.

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