Custodial interference is when one parent deliberately prevents or complicates the child’s contact with the other parent. This can be particularly damaging to the child’s development and also to their relationship with both parents. Interfering with the custody agreement not only goes against the child’s right to a close and continuous relationship with both parents, but it can also have serious legal consequences in Sweden.
What is custodial interference?
Custodial interference occurs when one parent actively prevents or reduces the opportunities for the child to meet or have contact with the other parent. This can happen by refusing to allow the child to spend time with the other parent, even though there may be agreements, contracts, or even court rulings regarding visitation rights.
It can also involve speaking negatively about the other parent in front of the child, which can make the child dislike or mistrust the other parent. In some cases, the parent can also interfere with visitation by making it difficult for the child to have regular contact with the other parent through phone or video calls.
Legal Consequences
In Sweden, custodial interference isn’t accepted. When it comes to custody and visitation matters, the child’s best interests are always the priority. The fundamental idea is that a child benefits most when they have contact with both parents. Of course, this only applies when the child isn’t at risk of harm from one of the parents. If a parent harms the child in any way, it’s assumed that the parent shouldn’t have the right to visitation.
This also means that if one parent systematically hinders visitation with the other parent, it can have serious legal consequences. The parent who engages in custodial interference risks losing custody of the child. In such cases, the other parent may be granted sole custody instead. The court can also first impose fines to force the parent who interferes with visitation to comply with the agreements.
What can you do if you’re a victim of custodial interference?
If you feel that the other parent is interfering with your custodial rights, there are several steps you can take:
Om du upplever att den andra föräldern saboterar umgänget med ditt barn finns det en del saker du kan göra:
- Document the incidents
It’s important to keep detailed records of when and how the other parent engages in custodial interference. This documentation can be crucial in a legal context. - Written agreements
Se alltid till att ha skriftlig kommunikation med den andra föräldern. Det är mycket lättare att styrka ditt fall om du har era överenskommelser på skrift än om de sker muntligt. Always try to keep the communication with the other parent in written form. At the least when it comes to important information and agreements. It’s much easier to prove your case if you have everything in writing rather than verbally. - Contact a lawyer
A lawyer can help you understand your rights regarding custodial interference and advise you on how to proceed legally. - Get help from the family court
If you don’t have a court ruling regarding visitation, you can get help from your local family court when you feel you’re being subjected to custodial interference. The family court will then try to help you come to an agreement without having to go through a lengthy legal process. - Apply for enforcement of visitation orders
If there’s a court ruling regarding visitation that the other parent isn’t following, you can apply for the district court to enforce the ruling. The court can then step in and force the other parent to respect the visitation agreement.
If you believe that the other parent is interfering with your right to custody and visitation, it’s important to resolve the situation quickly. Both for the child’s sake, so they can continue to have contact with both parents, and for your own sake, so you don’t lose valuable time with your child. Custodial interference is a serious issue that can damage the child’s relationship with their parents, and it’s important to protect the child’s right to visitation and seek legal assistance if necessary.
