UNLAWFUL REMOVAL AND DETENTION OF CHILDREN

Joint custody means that both parents must decide together on matters concerning the child. If one parent wishes to reside with the child in another country, this requires the consent of the other parent. If the guardians cannot agree on the country in which the child should live, the district court can decide.

Sometimes one of the guardians, or a parent with rights of access, takes the child to another country or keeps the child in a country other than the one in which the child is habitually resident. Such an abduction or detention is considered unlawful if it is contrary to the law of custody in the country the child resides. As a general rule, the child should be returned to the country of habitual residence as soon as possible. Cases of this type require urgent handling and it is therefore often advantageous to seek expert advice early in the process.

Wachtmeister Advokatbyrå assists clients whose children are in Sweden, as well as clients whose children have been abducted or detained in another country. Attorney Cecilia Wachtmeister is on the list of attorneys working with cases of wrongful removal and detention of children maintained by the Ministry of Foreign Affairs.