The rules today
In a custody dispute (vårdnadstvist), the deciding factor is the best interests of the child, under Chapter 6, Section 2 a of the Children and Parents Code (föräldrabalken). The court must pay particular attention to the risk that the child or someone else in the family is exposed to violence or other abuse, that the child is unlawfully taken away or kept, or that the child is otherwise harmed.
The child must be given information and be allowed to say what they think (Section 2 b). How much weight their views carry depends on the child's age and maturity. There is no age at which the child decides for themselves.
Usually it is an investigator from the social welfare committee (socialnämnden) who talks to the child and tells the court what the child thinks. The child may be heard directly in court only if there are special reasons and it is clear that the child cannot be harmed by it (Section 19). The inquiry notes that this is used very rarely.
A representative of the child's own in some cases
The inquiry behind the report Lyssna på barnet! (SOU 2026:66) proposes that the court should appoint a publicly funded representative (offentligt biträde) for the child when there are special reasons, given the child's right to be heard. This is meant as an exception for cases where the child's views might otherwise not come through.
The inquiry gives some examples of special reasons:
- serious information about violence, honour-related violence and oppression or other abuse that is difficult to assess
- a case that is particularly complicated
- a risk that one or both parents influence the child in a serious and improper way.
The representative is to be the child's voice and make sure the child gets information and can say what they think. The representative is to be allowed to talk to the child without the custodian being present or having given consent, and to see the documents in the case. No minimum age is proposed, but for a child who is too young to form their own views there is usually no reason for one. The state pays the representative.
The child's views in court and in the judgment
Children who want to be heard in court themselves should be able to do so to a somewhat greater extent than today. The proposal is that the child's own wish to be heard should carry a lot of weight when the court assesses whether there are special reasons. The requirement that the child must not be harmed remains.
The judgment must also state the views the child has expressed, unless this is inappropriate. This is to apply in all cases about custody, residence and contact. The inquiry refers to surveys showing that the child's views are often not visible in judgments today.
Once the judgment has been given, the social welfare committee in the child's home municipality must offer the child a follow-up conversation, also after a judgment from a higher court, unless a conversation is unnecessary or inappropriate. The conversation is to help the child understand the decision, especially when it did not turn out the way the child wanted. The child can always say no.
Contact support: more information for the court
Contact support (umgängesstöd) means that a person appointed by the social welfare committee is present when the child meets the parent they do not live with (Chapter 6, Section 15 c). Today the committee describes the practical arrangements before the court decides on such support.
Under the proposal, the committee must also provide other relevant information, for example how earlier contact support has worked or that a child welfare investigation has just been opened. The committee must then, unless it is inappropriate, hear the parents and the child.
If the court decides on contact support while proceedings are ongoing, it must at the same time decide the latest date by which the social welfare committee must report how the contact has worked. The committee reports facts, such as the child's reactions and cancelled meetings, but does not take a position on whether the contact is suitable.
What is not proposed, and when it may apply
The child will not become a party to the case. The inquiry chooses not to give the child the right to bring proceedings, as this could draw the child into the parents' conflict. Nor does the inquiry propose that mediators should be allowed to talk to the child without the custodian's consent, and the inquiry does not propose a temporary representative for children in social services cases.
The report was submitted on 5 November 2026 and is out for consultation until 5 March 2027. After that, the government will decide whether the proposals should become law. If they are introduced, they are proposed to take effect on 1 January 2029. Until then, today's rules apply. Under the proposal, the rules on a publicly funded representative will not apply to cases started before the new rules take effect, while the other rules will apply immediately, including in cases ongoing at that time.
How we can help you
If you are facing a separation and want to understand the rules on custody, residence and contact, you can send an enquiry about legal advice, at our office in Gothenburg or online. We explain what applies in your situation and what the next step could be. We assess in each case whether we can act as your representative or whether you need an advokat (a member of the Swedish Bar Association), and we tell you before you pay anything.
If you have already separated, we can also help with division of property (bodelning) and other matters in family law.
