Visitation rights for a child in another country?

Jamopy

Me and my ex broke up nearly 2 years back and she moved to Sweden and took our son with her. Since then we haven't involved the court and i've been visiting every month or so to see my son. Out of the blue about 3 weeks ago i came back from a visit and found an arrest warrant waiting for me back in England. After visiting the magistrates court i was issued with a summons to attend a family court over an application for child support. I couldn't understand exactly what the case was about (all the paperwork is in Swedish) so i tried to contact my ex and ask her why she had started a court case without even talking to me. Since then she has cut all contact with me and i have a case in the family court in December.

Obviously i would prefer not to have the courts involved at all, but since she's ignoring me i can't try and resolve this any other way. Considering she is launching a case internationally then presumably there must be some sort of reciprocal agreement where i can apply for visitation rights as well?

sfm82

I didn't want to read and run. This sounds very complicated, access and csa are always complicated when other countries are involved. Did you draw up an agreement in writing regarding the access to your child and detail any financial support from you?

RAS

Is this an case via REMO?

With respect to visiting rights, most Nordic countries are really hot on children having access to both parents. Suggest that you search the Swedish web-istes and translate them.

Jamopy

sfm82 wrote: »

I didn't want to read and run. This sounds very complicated, access and csa are always complicated when other countries are involved. Did you draw up an agreement in writing regarding the access to your child and detail any financial support from you?

No, nothing was ever put in writing. Until a few weeks ago i thought we were both on the same page about doing the best for our son regardless of our personal feelings toward each other. So the short answer is no, but i can show that we have been in constant contact and i've been taking care of him when visiting as a lot of our contact was through text messages or facebook messages, which i still have saved.

Jamopy

RAS wrote: »

Is this an case via REMO?

With respect to visiting rights, most Nordic countries are really hot on children having access to both parents. Suggest that you search the Swedish web-istes and translate them.

Yes it's REMO.

I spoke to a lawyer at the family court place in London (an American on exchange for some reason) who said the only way to make an application would be to visit Sweden personally and hire a lawyer privately. I did take that with a healthy dose of salt as she seemed confused by UK law, and the person i spoke to at the REMO office said that they didn't think she was right. Instead the lady at the REMO office suggested raising it with the judge at the trial, but that's a month away so anything i can learn before then would be great.

SleeplessinScandinavia

I’ve been in Sweden a number of years and have heard of other ex-pats who have faced this kind of situation.

In Sweden, if a child is born to an unmarried mother, then she routinely gains ‘sole custody’ after a relationship break-up (unless she’s specifically agreed to shared custody). Now that your ‘ex’ has returned to Sweden, with the child, it looks like that rule would apply.

The Swedish social security people – Försäkringskassan – may well be behind the legal action to recover money, from you, which it may be paying to the mother. As theres an EU treaty between member states covering enforcement of child maintenance, there is generally nothing for it but to agree terms and pay up.

However, under Swedish law, it’s the child’s right to see both parents – regardless of any dispute between them, or even if there is threat of violence between parents: its only a concern to authorities if there is possible danger to the child.

It may be worth contacting their Social Welfare office, and try to get them to arrange a cooperation meeting with the mother, http://www.socialstyrelsen.se/socialtjanst

But as has been stated already, you may well have to go to court’ in Sweden and its very likely a court would order such a cooperation meeting. An agreement might then be reached (although its very easy for the mother to say ‘OK’ as it buys delay time)

Swedish courts are supposed to recognise that the length of time without contact for the child with one parent can have a psychological impact, so tend towards a speedy resolution (though we are not talking super quick). People I’ve known about, have requested supervised visits, just in case the mother creates some objection with regards 'danger to the child.'

Don’t envy anyone in this situation, but there are ‘Father’s Support groups’ springing up in Sweden, which it might be useful to contact; one here

Both the links are in Swedish, but you can get translations there.

Best of luck

Jamopy

Thanks SS. In somewhat of a hurry now but i'll follow up on those links a bit later and hopefully get something sorted.

sfm82

You've received some excellent advice, good luck and please come back and let us know what happens!