Legal help when parenting time is being obstructed

What is interference with parenting time?

Interference with parenting time is a general term for situations in which one parent prevents or obstructs the child’s contact with the other parent without a valid reason. It is not a separate legal term defined in the Swedish Children and Parents Code.

Examples may include:

• repeatedly canceling agreed parenting time
• refusing to hand over the child as required by an agreement or decision
• obstructing contact by phone or video
• withholding information needed for parenting time
• involving the child in the parents’ conflict

The child’s best interests are always the deciding factor in matters involving custody, residence, and parenting time. A child has the right to maintain contact with a parent they do not live with, provided that the contact is consistent with the child’s best interests.

Canceled or restricted parenting time does not automatically constitute interference. If there is a specific risk of violence, abuse, abduction, or other harm, the child’s safety must take priority.

What should you do if parenting time is being obstructed?

Start by documenting events objectively and consistently. Save written communications and record scheduled, completed, and canceled parenting time. Include any explanations provided by the other parent.

Relevant documentation may include:

• judgments, decisions, and approved parenting time agreements
• text messages, emails, and other written communications
• dated notes describing what happened
• information from schools, social services, or healthcare providers
• previous custody, residence, or parenting time assessments

Keep your communication respectful and focused on the child. Separate facts you have personally observed from information provided by someone else.

If no binding agreement or decision exists, the municipal family law services may help the parents reach an agreement. A written parenting time agreement becomes legally binding when approved by the municipal social welfare committee.

Enforcement when a decision is not followed

If a judgment, decision, or approved agreement is not being followed, you may apply to the district court for enforcement.

The court will generally try to help the parents reach a voluntary solution first. In certain circumstances, it may attach a conditional fine to its decision. The child’s best interests remain the primary consideration, and enforcement cannot take place if it would clearly conflict with the child’s best interests.

If the circumstances have changed, the custody, residence, or parenting time arrangement may also need to be reconsidered.

Can interference affect child custody?

Repeated and unjustified interference may be relevant when a court considers custody. The court may assess each parent’s ability to prioritize the child’s needs and take joint responsibility for matters affecting the child.

Interference does not automatically result in sole custody or any other predetermined outcome. The court makes an individual assessment based on the child’s best interests and all relevant circumstances.