International Parental Child Abduction

SWEDEN

November 2003

Disclaimer: The information in this circular relating to the legal requirements of specific foreign countries is provided for general information only. Questions involving interpretation of specific foreign laws should be addressed to foreign counsel.

GENERAL INFORMATION: Sweden is a civil-law country. Judicial proceedings in a civil-law country generally differ from those in the United States, a common-law country, in several significant ways. For example, juries are not used. Legal cases are heard and decided by a judge or panel of judges that can include non-lawyers. Evidence can be presented and arguments can be made in oral hearings, but such hearings tend to play a secondary role, supplementing extensive written submissions to the judge. The judge normally can play a more active role in proceedings than is common in U.S. courts. Whereas a U.S. judge may be limited to serving, in effect, as a referee between two adversaries, judges in a civil law country might, for example, seek evidence independently of what either side presents. In Sweden, the civil courts handle divorce and custody cases, while Hague cases are heard in administrative courts. Swedish courts do not generally recognize, register, or enforce foreign court orders regarding custody, although a U.S. statute or court order may be considered in adjudication of a Hague case to determine if a removal/retention was “wrongful.” The Swedish government subsidizes legal costs for its own citizens involved in custody proceedings and in Hague cases, regardless of the level of income.

Custody: In Sweden, married parents have joint custody of a child from birth until the child reaches the age of 18. Under Swedish law, a mother who bears a child out of wedlock is automatically initially granted sole custody of the child. Upon the birth of such a child, the Swedish Tax Authority (responsible for birth registrations in Sweden) informs the social welfare board that a child has been born out of wedlock. The social welfare board, in turn, contacts the mother and requests that both parents appear and execute an acknowledgement of paternity. The parents are given the opportunity to decide if they will agree to joint custody. The documents are then approved by the social welfare board and forwarded to the Tax Authority. The Tax Authority maintains up-to-date records on the child’s custodial parent(s), known in Sweden as “vardnadshavare.” Swedish authorities report that out-of-wedlock fathers have the same custody/access rights as every other father. The U.S. Embassy in Stockholm has found, in the cases known to it, that fathers of children born out of wedlock have rarely been able to obtain custody or visitation without the mother’s consent.

The Swedish Children and Parents Code was last amended in October, 1998. The Code prescribes that the “best interests of the child” are of paramount consideration for any orders and decisions regarding custody, residence and contact. The Code also states that when deciding what constitutes a child’s “best interests,” special consideration should be given to a child’s need for contact with both parents.

Access: Swedish courts have extremely wide latitude with respect to access orders. However, appeals may complicate a court’s ability to enforce access/visitation orders. A court may refuse to enforce an access order if the court is convinced that circumstances have manifestly changed since the order was made or that it is in the “best interests” of the child to revisit the order. It is important to note that Swedish courts do not have the equivalent of “contempt of court,” a strong enforcement tool used by U.S. courts. In the United States, a judge can order a party to comply with legal rulings or face arrest, imprisonment and/or a fine. In Sweden a parent who refuses to obey a Swedish court order may face no effective penalties.

Swedish authorities report that gender bias is prohibited by the Swedish constitution. The U.S. Embassy in Stockholm notes that in non-Hague Convention cases involving American fathers and Swedish mothers, the Swedish courts have more often given custody to the Swedish mother. The Embassy has also found that the Swedish courts tend to favor Swedish mothers in cases involving visitation and access conflicts. Swedish courts have enforced very few of the rulings favorable to American fathers.

Criminal aspects: It is a crime under Swedish law to abduct a child from Sweden.

Swedish citizenship: A child always acquires Swedish citizenship through a Swedish-citizen mother, whether she is married or unmarried and whether the child is born in Sweden or in another country. To register a child who was born either in Sweden or abroad as a Swedish citizen, the mother shows proof of her Swedish citizenship and the child’s birth certificate. A child born in Sweden to a Swedish-citizen unmarried father and a foreign mother acquires Swedish citizenship. A child born in the U.S. to an unmarried Swedish citizen father can acquire Swedish citizenship through an application to the Swedish “Migrationsverket.” The father must show proof of his Swedish citizenship, his tax registration (Personbevis), the child’s birth certificate, and the non-Swedish citizen mother’s consent. Swedish citizenship is documented by registering a child with the Swedish Tax Authority.

Swedish passports: In Sweden, a passport for a child under the age of 18 cannot be issued unless both parents have agreed in writing. This presupposes that they have joint custody. When applying for a passport for a child, the parents must provide the passport authority with documents regarding the child’s identity, the identity of the custodians, the written consent of both custodians and a photograph of the child. A photograph is not necessary if the child is under the age of five, but without a photograph, the passport is only valid until the child reaches the age of seven. When a photograph is added to the application, whether or not the child is over the age of five, the child must be present when the application is handed in. If the child can write, he/she must also sign the application.

According to the 1978 Swedish Passport Act, a passport can be issued even if one of the custodians has not given consent, but only if there are very strong reasons for doing so. Swedish authorities say that the rule is applied very restrictively. For example, a passport might be issued without consent of both custodians if one of the custodians cannot be reached and the authorities believe that consent would have been given. If a passport application is handed in and the parents are not in agreement, the passport authority must ask for the opinion of the social service authority.

A parent who has a Swedish sole or joint custody order can ask that the issuance of a Swedish passport to the child be blocked or that an already-issued passport be confiscated. Parents can also request lookouts at Swedish ports of departure to prevent the departure of a child if they have a Swedish court order that supports the request. If such a lookout is not in place, Swedish authorities will generally not ask for any document other than a valid passport or other travel document for a departing child.

Preventing issuance of a Swedish passport: If your child has a claim to Swedish citizenship, you may be able to prevent the issuance of a Swedish passport to your child. You will need documents showing that you have joint or sole custody of the child, identity documents, a marriage certificate (if applicable) and the child’s birth certificate. If you are in Sweden and have a Swedish court order, the request should be made at a police station. If you are in the United States and you have a U.S. court order (one that prohibits the removal of the child and/or issuance of a passport may be the most effective), you should contact a consular officer at the Swedish Embassy in Washington, D.C. (202-467-2600), or the nearest Swedish Consulate (California [310-445-4008] or New York [212-583-2550]) to discuss restricting the issuance of a Swedish passport to a child.

THE HAGUE CONVENTION: The United States is a party to Hague Convention on the Civil Aspects of International Child Abduction. The Hague Convention is an international treaty. Its purpose is to discourage international parental child abduction and to ensure that children who are abducted or wrongfully retained are returned to their country of habitual residence. The Hague Convention does not deal with child custody itself, but determines the jurisdiction where those custody issues should be adjudicated.

The Hague Convention entered into force between the United States and Sweden on June 1, 1989. Therefore, Hague Convention provisions for return would apply to children abducted or retained after that date.

Please call the Department of State's Office of Children's Issues at 202-736-7000 with your international parental child abduction concerns. You will be connected to a country officer familiar with Hague Convention procedures in Sweden.

1. Who qualifies to apply under the Hague Convention?

You may qualify to apply under the Hague Convention if:

• Your abducted/wrongfully retained child is currently under age 16;
• Your child was habitually resident in the U.S. prior to the abduction/wrongful retention;
• Your child was abducted to/wrongfully retained in Sweden after the Hague Convention entered into force on June 1, 1989; and
• You had and were actually exercising “rights of custody” in the U.S. at the time of the abduction/wrongful retention.

2. Who is Sweden’s Central Authority? What is their role? How can they be contacted?

The Swedish Central Authority performs an administrative role in processing Hague applications. The Central Authority is located in the Swedish Ministry for Foreign Affairs, Department for Consular Affairs and Civil Law. The address is SE-103 39 Stockholm, Sweden. The international telephone number is 011-46-8-405-1000 and the international telefax number is 011-46-8-723-1176. The Central Authority's e-mail address is ud@foreign.ministry.se.

3. What attachments/documents does Sweden require along with the Hague application form? Do I need to provide translations?

To apply for the return of a child from Sweden under the Hague Convention, you must submit the following:

• An application form. The U.S. Central Authority application form may be found in the July, 2001 edition of the U.S. Central Authority’s brochure, International Parental Child Abduction. Copies are also available from the Department of State’s Office of Children’s Issues or downloaded from our website at children’s_issues.html. Please refer to pages 37 through 40 of the brochure for instructions on completing the application form.

• An Article 28 Power of Attorney Form. A sample form in English may be found at the end of this flyer. You must sign this form in order to authorize the Swedish Central Authority to take action on your behalf.

• A certified copy of each child’s birth certificate or an explanation of why such a certificate is not available (i.e., child born abroad and taking parent has the certificate).

• A certified copy of your marriage certificate, order of paternity, or divorce decree as appropriate.

• Photos of the child(ren) and of the taking parent. No specific size is required, but color is preferred and features should be clearly recognizable.

• Evidence of Rights of Custody. A copy of the State law that establishes your right to custody or a copy of the court custody order that was in effect at the time your child was removed to/wrongfully retained in Sweden. If your state’s laws do not address a parent’s rights of custody, an Affidavit of Law from your attorney may be acceptable. NOTE: It is not necessary to obtain a post-abduction court order of sole custody to apply for assistance under the Hague Convention. Obtaining such an order may actually complicate your case.

• You must also indicate in writing if you would like the Swedish Central Authority to try to negotiate a voluntary return of the child(ren) with the taking parent.

Useful (non-essential ) Documents:

• Affidavit of Circumstances leading up to and including the removal/wrongful retention provided by the left-behind parent. The statement should include a description of any efforts you or other agencies have made to recover the child.

• Evidence of Habitual Residence. Statement by the left-behind parent detailing where the child lived in the U.S. prior to the abduction/wrongful retention. Supporting documentation should include statements by the child’s physician, school, day care provider, etc. on official letterhead attesting to the time periods during which the child received medical care, was in school/day care, etc.

• Other Documents such as copies of travel itinerary, round trip tickets, etc. as appropriate. Also any signed agreements specifying purpose and length of trip; letters, e-mails indicating promise of return, etc. may be helpful.

All documents may be submitted in either English or Swedish. English language translations of foreign language documents will assist the U.S. Central Authority in processing the Hague application package rapidly.

Access Applications: Article 21 of the Hague Convention (Access Applications) is not implemented in Swedish law. An application for access under Article 21 is therefore handled by the Swedish courts as an application under general Swedish law on access. As a rule, Swedish courts may grant and/or modify an access order if the child is habitually resident in Sweden. An application for access received by the Swedish Central Authority is generally processed in the same manner as an application for return.

Please remember:

• The U.S. Central Authority does not charge any fees to process your application.
• All documents should be typed or very clearly printed in black or blue ink.
• Fill out the Hague application as completely as possible with the information you possess. The physical descriptions of the taking parent and child (Parts I and III) are especially important, and should be completed regardless of the existence of accompanying photos. While passport numbers and social security numbers are very helpful, they are not essential.
• If you are concerned that the taking parent will flee or go into hiding with the child when notified of Hague proceedings, it is essential that you note this and state the reason for your concern in Section VIII or on a separate page. It is helpful to the case officer if you repeat your concern in a cover letter or note attached to the front of the application package.

The completed Hague application package should be submitted to:

By courier (FedEx, DHL, Express Mail, etc.)
Office of Children's Issues
SA-29
U.S. Department of State
2201 C Street, NW
Washington, DC 20520-2818
Phone: (202) 736-9090
Fax: (202) 312-9743

regular mail
Office of Children's Issues
SA-29
U.S. Department of State
2201 C Street, NW
Washington, DC 20520-2818
Phone: (202) 736-9090
Fax: (202) 312-9743

4. What is initial case processing like?

The Swedish Central Authority (SCA) receives and reviews the Hague application package to make sure it is complete. They confirm receipt by a faxed letter to the U.S. Central Authority and, if necessary, request any additional information or documentation. If the left-behind parent has asked the SCA for a negotiated voluntary return, the SCA will contact the taking parent to inform him/her of the application, describe the procedure under the Convention and ask if he/she would like to reach an agreement on the voluntary return to avoid litigation.

If the location of the taking parent and child is unknown, the SCA will search for them by any appropriate means, depending on individual case circumstances. In this respect, the SCA may contact other Swedish authorities, such as tax authorities, the Swedish Migration Authority, law enforcement agencies, social welfare agencies and/or schools where the taking parent and child might be located.

If the left-behind parent does not want to explore the possibility of voluntary return, or if such attempts do not succeed, the left-behind parent will need to retain a Swedish attorney. If the left-behind parent does not have one, the SCA can suggest one or two attorneys that would be willing to represent the applicant. Once an attorney has been retained, the SCA will forward the application to the applicant’s attorney.

Hague proceedings are initiated within the Swedish administrative law system. The applicant’s attorney will file legal proceedings at the county administrative court where the taking parent and child are located. A professional judge and three lay judges adjudicate Hague cases at this level.

5. How is the return decision made?

The county administrative courts and the administrative Court of Appeal must arrange for an oral hearing upon the request of either of the parties involved unless it is deemed unnecessary or there are special reasons against an oral hearing. There are often oral hearings in Hague cases. If there is an oral hearing, the taking parent is expected to appear in court, either personally or through representation by an attorney.

6. How long does the process take?

The length of time between the receipt of a Hague application by the SCA and the adjudication by the county administrative court will depend on the circumstances in each case. On the average, it takes about four to six weeks from the day a complete application is received by the SCA until a hearing is held. Appeals of county administrative court judgments take about six weeks from the date of the appeal. If the Supreme Administrative Court hears a case, a decision may take another 2 to 4 months, depending upon the circumstances.

7. Is it necessary to retain the services of an attorney? How does one find an attorney in Sweden?

As mentioned above, if the SCA is able to negotiate a voluntary return, the services of an attorney will not be required. If legal proceedings must be filed, the left-behind parent must retain an attorney. The SCA can suggest English-speaking attorneys with Hague experience

8. What costs will the left-behind parent incur?

There are no fees for filing Hague applications with either the U.S. or Swedish Central Authorities. Swedish attorney fees are the responsibility of a non-Swedish left-behind parent unless he/she is granted Legal Aid depending on his/her income and assets. It is important to understand that taking parents who are Swedish citizens do receive financial assistance for legal fees from the Swedish government.

9. Is pro bono legal assistance available?

Depending on the income and assets of a foreign left-behind parent, legal aid may be available. The Swedish Legal Aid application form is available upon request.

10. Can a decision be appealed? How?

The judgment of the county administrative court can be appealed to the competent administrative Court of Appeal. There are four such courts in Sweden. Three professional judges and two lay judges generally adjudicate Hague cases that go to the administrative Court of Appeal. The judgment of the Court of Appeal can be appealed to the Supreme Administrative Court in Stockholm. However, the Supreme Administrative Court will accept the case only if the applicant can provide a valid reason to be granted a leave to appeal.

ADDITIONAL HELPFUL INFORMATION

Passport Applications for Minors

As of July 2, 2001, a person applying for a U.S. passport for a child under the age of 14 must demonstrate that both parents consent to the issuance of the passport or that the applying parent has sole authority to obtain the passport. This law, known as the two-parent signature law, covers passport applications made at domestic U.S. passport agencies in the United States and at U.S. consular offices abroad. Exceptions to this requirement may be made in special family circumstances or exigent circumstances necessitating the immediate travel of the child. The purpose of the new requirement is to decrease the possibility that a U.S. passport might be used in the course of an international parental abduction.

Children’s Passport Issuance Alert Program (CPIAP):

Apart from the two-parent signature requirement for U.S. passport issuance, parents may also request that their children’s names be entered in the U.S. passport name-check system, also known as CPIAP. A parent or legal guardian of a registered child will be notified by the Department of State’s Office of Children’s Issues before a passport is issued to his/her minor child. The parent, legal guardian or a court of competent jurisdiction must submit a written request for entry of a child’s name into the Passport Issuance Alert Program to the Office of Children’s Issues. The CPIAP also provides for denial of passport issuance if appropriate court orders are on file with the Office of Children’s Issues. Although this system can be used to alert a parent or court when an application for a U.S. passport has been executed on behalf of a minor, it cannot track the use of a passport. If there is a possibility that your child has another nationality you may want to contact the appropriate embassy or consulate directly to inquire about the possibility of denial of that country’s passport. For more information contact the Office of Children’s Issues at (202) 736-9124. General passport information is also available on the Office of Children’s Issues home page on the Internet at: children’s_issues.html.

MORE INFORMATION: The State Department has general information about hiring a foreign attorney, service of process, and enforcement of child support and the international enforcement of judgments, which supplement the country-specific information provided in this flier. In addition, the State Department publishes Consular Information Sheets for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations, and crime reports. When situations in a country are sufficiently serious, the State Department issues Public Announcements or Travel Warnings that may recommend U.S. citizens defer travel to that country. These documents are available on the Internet at: http://travel.state.gov or by the toll-free number, 1-888-407-4747, between 8:00 a.m. – 8:00 p.m. eastern time, Monday thru Friday (except U.S. holidays). Callers who are unable to use the toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-317-472-2328.

TOLL FREE HOTLINE: Overseas Citizens Services in the Bureau of Consular Affairs (CA/OCS) has established a toll-free hotline for the general public at 1-888-407-4747. This number is available from 8:00 a.m – 8:00 p.m. eastern time, Monday thru Friday (except U.S. federal holidays). Callers who are unable to use the toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-317-472-2328. Persons seeking emergency information or assistance outside of these hours, including on weekends or holidays should call 1-202-647-5225.

 

 

POWER OF ATTORNEY

I, the undersigned, hereby empower the Swedish Central Authority to act on my behalf or to designate another representative so to act according to Article 28 of the Hague Convention on the Civil Aspects of International Child Abduction.

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Date

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