Legal Services
Disputes concerning children differ significantly from other types of disputes and require particular experience and knowledge of children’s rights and what is in the best interests of the child.
These disputes are often referred to as child custody disputes, even though they generally concern three separate issues:
- Custody
- Residence
- Visitation
A dispute may concern all three issues or be limited to only one or two of them. Proceedings begin through the submission of an application to the district court where the child is registered as resident. Before going to court, it is common for the parties to have attempted to reach an agreement through family counselling services or by other means.
In the district court, the matter is handled as a special type of civil case, and the parties are usually summoned to a preliminary hearing some time after the court has received the application. During this hearing, the case is reviewed and any interim requests are considered. The matter is then investigated further, usually through a custody, residence, and visitation investigation conducted by the social services authority. Once the investigation has been completed and submitted to both the court and the parties, the case is concluded through a main hearing where the parties present their final arguments. After the main hearing, the court issues its decision through a judgment. The district court’s judgment may be appealed to the Court of Appeal, although leave to appeal is required for the case to be heard there.
In many cases, it is in the best interests of the child and the parents’ future cooperation to avoid court proceedings and instead reach an agreement through a settlement. In such situations, mediation may help resolve conflicts that have arisen. There are, however, situations where this is not possible or appropriate and where the matter must proceed to court.
It is often difficult to represent yourself in a custody matter because it involves many considerations. With extensive experience in custody disputes both inside and outside the courtroom, as well as experience representing children in court, we can act as advisers or legal counsel for parents who are facing a dispute or are already involved in a dispute with the other parent. Our focus is on reaching a solution that is in the best interests of the child and sustainable for the parents in the long term.
Contact us for legal advice regarding Child custody
Questions and answers
How does the court decide who will have custody?
The court uses the best interests of the child as the guiding principle. The court may consider testimony from the parents, investigations conducted by the social services authority, and other relevant evidence in order to make a decision.
Can parents resolve a child custody dispute without court involvement?
Yes, parents may resolve a child custody dispute without going to court through settlement agreements, mediation, or other alternative dispute resolution methods. This can help avoid costs and conflicts.
What happens if a parent does not comply with the court’s decision in a child custody dispute?
If a parent does not comply with the court’s decision, it may be possible to apply for enforcement through the court. It is important that parents respect and comply with court decisions in order to avoid legal consequences.
What does a child custody case cost?
It is difficult to determine the exact cost since every case can differ significantly from another. We follow the hourly rate guideline and legal aid rate established by the Swedish National Courts Administration. For 2025, the rate is SEK 1,982.50 per hour including VAT.
In many cases, it is possible to use the legal expenses coverage included in your home insurance to cover a large portion of the costs relating to the dispute. In other cases, it may be possible to receive financial assistance from the state through legal aid. We can help you determine whether you may use your insurance coverage or qualify for legal aid.
What is legal aid?
Legal aid is a form of financial support provided by the state to a party involved in a legal dispute. The rules regarding legal aid are set out in the Legal Aid Act. The amount of support granted varies depending on the person’s income after certain expenses have been deducted. The party’s legal representative applies for legal aid on behalf of the client. The application is submitted either to the Swedish Legal Aid Authority or, if court proceedings are already ongoing, to the court handling the case. We have extensive experience acting as legal aid counsel and can assist you with these matters.
You can read more about legal aid here
What is legal expenses insurance?
Legal expenses insurance is a part of your home insurance that can be used in certain types of disputes and may cover a large portion of the legal costs relating to the dispute. The amount of compensation and the applicable terms vary between insurance companies, but it is common for approximately 80 percent of the costs to be covered. Your legal representative will assist you in applying to use your legal expenses insurance.
How do I know if I can use my home insurance?
You can always contact your insurance company to check whether your insurance coverage can be used. There are often several conditions that must be fulfilled in order for the insurance to apply. We can help you determine whether you are entitled to use your insurance coverage in a dispute.
What is legal insurance?
Some insurance companies offer legal insurance policies that are separate from home insurance. These legal insurance policies often have significantly more favourable terms than the legal expenses coverage included in home insurance.