About children
Published
This page contains information about the rules in the Children and Parents Code governing a child’s name, custody and maintenance.
Content on this page:
- The child's name
- Custody
- Residence of the child
- Contact
- Guardianship
- Maintenance of children
- United Nations Convention on the Rights of the Child
The child’s name
Within three months of the child’s birth, the child’s custodian must apply in writing to the Swedish Tax Agency (Skatteverket) for registration of the child’s given names and surname.
There are certain rules regarding given names, for example that the name may not give offence, or for any other reason be inappropriate as a given name.
In the past, children were given a surname automatically based on certain rules, but that changed in July 2017. Since then, parents must choose the surname that the child will have. For example, it could be the parents' common surname or, if they have different surnames, both their surnames. It can also be a newly constructed surname with the ending -son (son) or -dotter (daughter). It is no longer possible to add a middle name. Instead, the child may have two surnames. If the parents do not apply for a surname, the child will be given the surname of the person who gave birth to the child.
Under certain circumstances, a child who lives in family-based care (foster care) can change their surname to the surname of their foster parents. A court must find that a change of name is compatible with the best interests of the child before this change of surname can be made.
Anyone who wants to change their name can contact the Swedish Tax Agency. It is possible to change your name more than once.
Information about names and name changes can be found on the website of the Swedish Tax Agency (in Swedish).
Information about names and name changes, the Swedish Tax Agency's website
Custody
Legal custody – actual care
All children under the age of 18 must be in the custody of one or two adults. Usually the child’s parents, or one of them, have custody of the child. One or two specially appointed custodians, or a temporary custodian appointed by a court, may also exercise custody of a child.
Custody means the legal responsibility that a custodian has. In general, the custodian is also the person who actually exercises custody, i.e. lives with and takes care of the child.
A person who has custody of a child has a responsibility for the child’s personal circumstances and must ensure that the child receives the care, security and upbringing that the child needs. The custodian has a responsibility to ensure the child does not come to any harm. Under an express statutory provision, a child may not be subjected to physical (corporal) punishment or any other humiliating treatment.
The custodian has the right and obligation to decide about personal matters of importance for the child, such as the child’s education. The older the child becomes, the more the child’s own wishes must be considered.
Who is the child’s custodian?
If the parents of a child are not married to each other when the child is born, the mother of the child has custody.
If the child’s parents are married to each other when the child is born, they automatically have joint custody of the child. If the parents marry later, they automatically obtain joint custody by virtue of the marriage.
If the parents divorce, joint custody continues to apply without a court having to make any decision to this effect in connection with the divorce. This applies provided that neither of the parents has requested that their joint custody should be dissolved, and that it is compatible with the best interests of the child that joint custody continues.
In special circumstances, the custody of a child can be transferred from the child’s parents or one of them to someone who is not the child’s parent (one or two specially appointed custodians). Transfer of custody may be appropriate in cases where a parent, in exercising custody, has abused or neglected or otherwise failed to take care of the child in a way that entails a permanent risk to the child’s health or development. For children who are placed in family-based care, there are special rules regarding the transfer of custody to the parents in the foster home.
If both parents have custody of the child and one of them dies, the surviving parent automatically has sole custody. If only one of the parents is the custodian and that parent dies, following an application by the other parent, the court will appoint that parent as custodian; or, following an application by the social welfare committee, award custody to one or two specially appointed custodians, if this is more appropriate. If there is no suitable person to appoint as a specially appointed custodian, the court may temporarily transfer custody to a temporary custodian.
Joint custody
Joint custody means that the parents (or in some cases two specially appointed custodians) share legal responsibility for the custody of their child. The custodians must make decisions together on matters concerning the child. However, if one parent is prevented from participating in the decision and the decision cannot be postponed, in some cases the other custodian may make the decision alone.
If the custodians do not consent to a child receiving certain support measures, such as psychiatric treatment or the provision of a contact person, the social welfare committee may nevertheless decide that the child will receive the measure if deemed necessary in the best interests of the child.
When the parents have joint custody but do not live together, the child can live alternately with the two parents or with one of them. Joint custody does not automatically mean that the child must live for the same length of time with each parent. The custodian looking after the child at the time may make everyday decisions such as about food, clothing and bedtimes.
Custodians must make decisions together
on matters concerning the child.
Change in custody arrangements
Unmarried parents can obtain joint custody of their child by joint application to the social welfare committee or to the Swedish Tax Agency.
If unmarried parents agree that they want to change the custody arrangements in some way, they can enter into an agreement on this. To be valid, the agreement must be in writing and be approved by the social welfare committee. The committee can only approve the agreement if what the parents have decided is in the best interests of the child. Parents who would like help in drawing up this kind of agreement can apply to the municipality for assistance.
If only one of the parents wants to change the custody arrangements, that parent must bring a case to court. Custody issues may always be raised in divorce proceedings.
Before the court can examine the parent’s request for a change in the custody arrangements, as a rule the parent must have participated in an information conversation at the social services within one year of the change being requested. As part of this conversation, the parents are given relevant information that can help them at an early stage to find the best solution for the child in matters of custody, residence and parental contact.
Before a court examines a case concerning custody, residence or parental contact at the request of one parent, generally the parent must first participate in an information conversation at the social services.
What is best for the child must be decisive when the court examines questions of custody, residence and parental contact. When the court makes its judgment, special regard must be paid to the risk that the child or someone else in the family might be mistreated, or that the child might be wrongfully removed or retained or otherwise come to harm. The court must also take into consideration the child’s need for close and good contact with both parents. It is important that the child is given information and the opportunity to express their views. The court and others must consider the views of the child according to the child’s age and maturity.
If joint custody is deemed to be best for the child, the court may decide that the parents should have joint custody, even if one or both parents’ object.
Before the court decides on a case concerning custody, residence or contact, the court must give the social welfare committee the opportunity to provide information on the case. If necessary, the court may also instruct the social welfare committee to conduct an inquiry. The social welfare committee must begin by giving both the child and parents the opportunity to express their views. The child may be heard by the social welfare committee even if one parent does not consent to this, and without the parent being present.
Custody issues are dealt with by the district court (tingsrätten) in the child’s place of habitual residence.
Enforcement of decisions concerning custody, residence or contact
If a parent does not comply with what a court has decided on a question of custody, residence or contact, the other parent can apply to the district court and request enforcement of the court’s decision. The parent may also request the enforcement of a valid agreement on custody, residence or contact.
The district court can decide on various measures. In the first instance, there is an attempt to have the child handed over voluntarily. If this is not possible, the court may decide on a fine, or in unusual cases, collection of the child with the aid of the police.
For the sake of the child, certain protection provisions are written into the Code. If the child has reached such an age and maturity that what the child wants should be considered, the district court may not order enforcement against the child’s will, unless it is necessary in the best interests of the child.
The basic principle is that judgments and decisions in custody cases in Sweden can be enforced in the other Nordic countries and within the EU. Likewise, judgments and decisions from those countries can be enforced in Sweden. The same may also apply in relation to some other countries.
Wrongfully removed children
There may be instances when a child is wrongly removed or retained by another person without the consent of the child's custodian. For example, the child may be removed by one parent who is also their custodian, but who does so without the consent of the other custodian.
At the request of a custodian, the district court can order that the child be transferred to that custodian.
It is also possible to have the child transferred even if the child has been removed to or is being retained in another country.
See the Ministry for Foreign Affairs’ information on wrongfully removed or retained children on the Swedish Government’s website.
Information on wrongfully removed or retained children, the Swedish Government's website
Residence of the child
If the parents have joint custody of the child, the court can decide on where the child should live. The decision may mean that the child should live with only one parent, or the child should live alternately with both parents. The court must base its decision on what is in the best interest of the child.
If the parents agree, they can enter into an agreement concerning where the child should live. For the agreement to be legally binding, it must be in writing and signed by both parents, and it must have been approved by the social welfare committee.
Contact
The child is entitled to maintain contact with the parent with whom they do not live. The starting point is that it is important for the child to have contact with both parents. The interest of the child and their needs must be decisive. The child’s parents have a joint responsibility to ensure that the child’s need for contact with both parents is satisfied.
If the parents agree, they can enter into an agreement concerning contact. The agreement must be in writing, signed by both parents, and approved by the social welfare committee. If not, the court can decide on contact. The decision must always be based on the best interest of the child.
If one of the parents lives in another town or city than the child, this often entails extra costs for travel, for example. In that case, the parent with whom the child is living must make a reasonable contribution to help pay for these costs.
The custodian is responsible for ensuring that the child also has contact with other adults with whom the child has a particularly close relationship. This can be the child’s maternal or paternal grandparents, for example.
Guardianship
A child must have a guardian until they become legally competent at the age of 18. The child’s guardian is responsible for their care and handles the child’s financial affairs. Usually, the person who is the custodian, in most cases a parent, is also the child’s guardian. In principle, all the assets the child has are managed by their guardian. The guardian must not mix their own assets with those of the child. The child’s assets are to be used, to a reasonable extent, for the maintenance, education and general benefit of the child. Assets not used must be invested safely so that they give a reasonable return.
All guardians come under the supervision of a chief guardian (överförmyndare). There is a chief guardian or committee of chief guardians in every municipality.
To a large extent, most parents decide themselves how they will manage their child’s assets when these assets are worth less than eight base amounts. However, certain transactions always require the permission of the chief guardian. A parent cannot raise a loan or undertake any other legal transaction that would involve the child entering into debt without the consent of the chief guardian.
Current price base amount, Statistics Sweden's website
An appeal against the decision of a chief guardian may be lodged with the district court. Contact the chief guardian in the municipality for more information.
A guardian ad litem (god man) is appointed for children who come to Sweden without their parents or another adult. The guardian ad litem is responsible for the child’s personal circumstances and looks after the interests of the child in the place of a guardian and custodian.
Read more about guardians ad litem and guardians on the page Administrators, guardians ad litem and continuing powers of attorney.
Administrators, guardians ad litem and continuing powers of attorney
Maintenance of children
Maintenance obligation
Parents are liable for the maintenance of their children to the extent that is reasonable in view of the child’s needs and the parents’ financial capacity. A parent who does not have any capacity to contribute to their child’s support is not liable to pay maintenance.
The obligation to provide maintenance applies until the child reaches the age of 18. However, if the child has not completed their school education by then, their parents’ maintenance obligation continues as long as the child’s schooling continues until the child reaches the age of 21.
Even a person who lives permanently with someone else’s child has some responsibility to contribute to the child’s support. This applies if the person is married to the child’s custodian or has children of their own with the child’s custodian. This maintenance responsibility applies only to the extent that the child cannot receive maintenance from their other parent.
Maintenance allowance
A parent who does not have custody of the child and is not living with the child must pay a maintenance allowance for the child. A parent who has joint custody of a child but does not live with the child must also pay a maintenance allowance for the child. The maintenance allowance is determined in an agreement between the parents or in a judgment of a court.
When determining the amount of the maintenance allowance, the parent is entitled to deduct an amount for their own maintenance from their income after tax. This is called a reserve amount. If the parent is required to pay allowances for several children, the allowance for each child may be lower.
The parties can amend the maintenance allowance that has been determined by entering into a new agreement. If the parties cannot agree on the amount, they must apply to a court to amend a previous decision on the maintenance allowance.
When the child stays with a parent who is liable to pay maintenance for the child, the other parent has reduced costs for the child during that period. If the stay amounts to a period of five consecutive days, or six days during one calendar month, unless the parents decide otherwise, the person liable to pay maintenance may, as a general rule, request a deduction from the maintenance allowance.
You can find more information about the maintenance allowance on the website of the Swedish Social Insurance Agency (Försäkringskassan).
The Swedish Social Insurance Agency's website
Maintenance support
If the child’s parents do not live together and the child lives permanently only with one parent, the child may be entitled to maintenance support from public funds. This support is paid by the Swedish Social Insurance Agency (Försäkringskassan).
Maintenance support for a child should be equivalent to about half of the normal cost for a child. A supplementary allowance can also be paid if the child lives alternately with both parents.
The parent who is liable to pay maintenance must reimburse all or part of what the Swedish Social Insurance Agency has paid to the child. If maintenance support is paid in the form of a supplementary allowance, neither of the parents has an obligation to repay the support.
Special rules apply if the parent liable to pay maintenance resides abroad or has their income from abroad.
You can find more information about maintenance support on the website of the Swedish Social Insurance Agency (Försäkringskassan).
The Swedish Social Insurance Agency's website
United Nations Convention on the Rights of the Child
The UN Convention on the Rights of the Child has been Swedish law since 2020. This means that Swedish courts and legal professionals must consider the rights arising from the UN Convention on the Rights of the Child. The rights of the child must be taken into account when considering all the facts and making assessments in court cases and proceedings concerning children. The incorporation of the UN Convention on the Rights of the Child helps to make the rights of the child more visible. It is a way of creating the basis for a more rights-based approach to children in all public sector activities.
Information on the rights of the child and the UN Convention on the Rights of the Child can be found on the website of the Ombudsman for Children (Barnombudsmannen).
