Minister of Justice (justitieminister) Gunnar Strömmer (M) at the governments summer-fika with journalists.
The amendment to the Parental Code (föräldrabalken) means that the child's right to be protected from violence and other harms takes precedence over the child's need for contact with both parents.
According to Minister of Justice (justitieminister) Gunnar Strömmer (M), the government goes further in its proposal to protect children than the investigation underlying the proposal did.
The background is a high-profile custody dispute in Luleå where an eight-year-old boy was killed by his father, who had been granted visitation rights. The case has led to demands for legislative changes.
The basis of the government's legislative proposal is that the child should not have visitation, for example, when a parent has subjected the child to serious violence.
The amendment will have implications for all issues related to custody, residence, and visitation. In some complex and hard to judge cases, the court will be obligated to obtain an expert opinion from a psychologist.
The law will also clarify when the custody of a child placed in a foster home should be transferred to the foster parents. Additionally, the requirement that it must be "obvious" that such a transfer of custody is in the best interest of the child will be removed.
The purpose of this amendment is to ensure that the custody transfer actually takes place if it is in the best interest of the child. In such cases, the parents will have the right to publicly funded legal assistance.
"All proposals are about prioritizing the best interests of the children," says the Minister of Justice.
The amendments are proposed to come into force on January 1, 2025.