Custody, residence and access

In conjunction with a divorce or separation involving a child/children, the parents need to agree on whether the custody of the child(ren) is to be joint or sole, or if the child(ren) should live with each parent in turn or with one parent, with the other having right of access. These decisions usually have to be made during a very turbulent time, and it is not always possible for the parents to agree on matters regarding the child(ren). If the parents cannot agree, they can obtain the help of the Family Law Department in the municipality (Familjerätten) to facilitate communication and thus come to an agreement. These discussions are offered without charge and can be a good way for the parents to find new ways to cooperate regarding the child(ren) after the relationship has ended. ‘Familjerätten’ can also help prepare a written arrangement between the parents. The written arrangement is then approved by the social welfare committee and consequently enforceable as if it were a court decision.

In some instances, the parents are not able to reach an agreement through ‘Familjerätten’ or one parent is not willing to cooperate. In such cases, parents should obtain legal advice. Elison Wahlin Advokatbyrå has extensive experience of helping parents through custody and access issues. Obtaining the help of a law firm does not mean that the dispute will end up in court. Our objective, when possible, is to help the client come to a beneficial agreement with the other parent that is in the best interest of the child(ren). If this is not possible, we will assist our client through the court proceedings, which includes support and advice in contacts with the authorities and communication with the other parent or his/her lawyer. We carefully advise our client through each step of the process on what is going to happen so that the parent we represent feels safe and well prepared.

It is important for children who live with their separated parents in turn to know when they are to stay with each parent and who they are staying with during school holidays. If the parents cannot agree, the relationship between the parents will deteriorate, making it harder to find a solution that is in the child(ren)’s best interest. Do not hesitate to contact us if you have questions regarding custody, residence and access. We will discuss the situation and the legal framework with you and give you advice on how to proceed.

We who work with custody, residence and access