Children need better protection from having to have contact with a violent parent.
The government believes this and is proposing a legislative amendment.
The amendment to the Parental Code means that the child's right to protection from violence and other violations takes precedence over the child's need for contact with both parents.
According to Justice Minister Gunnar Strömmer (M), the government is going further in its proposal to protect children than the inquiry that forms the basis for the proposal did.
The background is a highly publicized 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 starting point in the government's legislative proposal in a referral to the Council on Legislation is that the child should not have contact, 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 contact. In such cases, the court will have an obligation to obtain an expert opinion from a psychologist in certain difficult-to-assess cases.
The law will also become clearer on when a transfer of custody of a child placed in foster care should take place to the foster parents. Furthermore, the requirement that it must be "obvious" that such a transfer of custody is in the best interests of the child will be abolished.
The purpose of the amendment is for the transfer of custody to actually take place if it is in the best interests of the child. In such cases, the parents will have the right to publicly funded legal assistance.
All the proposals are about putting the best interests of the children first, says the Justice Minister.
The amendments are proposed to come into force on January 1, 2025.
