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HomeSwedenEnhanced protection of children involved in international custody disputes

Enhanced protection of children involved in international custody disputes

Today, the Govern­ment presen­ted a bill to the Riksdag contain­ing proposals for enhanced protection of children involved in inter­national custody disputes and other inter­national family law cases. The pro­posals com­plement a previously adopted EU Regulation.

Custody disputes are difficult for every­one involved, particularly the children. In inter­national custody disputes, the children are also torn between parents in two differ­ent countries. Some­times a conflict between the parents results in child­ren being unlawfully removed or retained by one of them.

“It is important that we have harmon­ised rules in all EU countries so that situa­tions where a child gets caught in the middle, such as inter­national custody disputes, can be effect­ively resolved with a focus on the best interests of the child,” says Minister for Justice and Home Affairs Morgan Johansson.

The new Regulation will strengthen the legal rights of the child and parents. Enforce­ment of decisions concern­ing parental responsi­bility within the EU will be streamlined. Moreover, the exchange of information between Member States will improve, which facili­tates processing by the courts and public authorities.

The Brussels II Regulation (Council Regulation (EU) No 2019/1111) deals with issues concerning divorce, parental responsi­bility and inter­national child abduction. The Regulation includes rules stipulating which Member State’s court may examine a dispute and rules concerning recog­nition and enforce­ment of decisions in the EU.

It is proposed that the new act and amend­ments enter into force on 1 August 2022.

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