"I Want to Move With Our Child!" (Joint Custody)

Do Both Parents Have to Agree to a Move?

With joint custody, both parents are expected to make decisions about the child's personal affairs together.

For routine decisions, such as taking the child to the doctor, parents are generally assumed to agree. But some decisions significantly shape the child's future and require formal approval from both parents:

• Name changes
• School enrollment
• Non-routine medical care
• Passport applications
• Registration in the population register (folkbokföring, handled by Skatteverket, the Swedish Tax Agency)

To change the child's registered address or enroll them in a new school, you need the other parent's approval. If you cannot agree, the existing arrangements stand. This rule puts the child's stability ahead of parental conflict.

What Happens if a Parent Moves Anyway?

The circumstances of the move are crucial. If a parent moves within the same area, the practical changes may be minimal: the child can keep attending the same school and activities, and the joint custody arrangement can continue as before.

But if a parent moves the child from, say, Stockholm to Dalarna without the other parent's consent and without significant reasons, it fundamentally alters the child's life and disrupts their relationship with the other parent (assuming joint custody).

It Could Be a Criminal Offense

Legally, a parent who moves with a child without the other parent's consent may be committing the crime of unlawful removal of a child (egenmäktighet med barn), punishable by fines or up to one year in prison (Chapter 7, Section 4 of the Swedish Penal Code).

There is an exception when there are "significant reasons" for the move. This gives a custodial parent limited leeway to take actions that would otherwise be criminal — for example, moving to protect the child from abuse or violence.

Beyond criminal liability, a parent who moves with the child without consent risks losing custody in a later custody dispute. The court may also decide that the child should live primarily with the other parent.

What Can the Remaining Parent Do?

If a child is moved far away without consent, the remaining parent should act immediately and seek advice from an experienced family law attorney. The right response depends on the specific circumstances. An attorney can advise whether to apply to the court for interim sole custody.

Consider Your Other Options as a Parent

• Remember the Child's Rights: The child has the right to a close and positive relationship with both parents (Chapter 6, Section 2a of the Swedish Parental Code).
• Seek Mediation: If a move is necessary because of work or other reasons, first seek help from familjerätten (the municipal Family Law Services) or specialized mediators. They can help you reach an agreement outside of court. There are many ways to keep the child's contact with the other parent alive, even at a distance.
• Apply for Sole Custody if Necessary: If no agreement can be reached, the parent who wants to move must apply for sole custody in court. Court proceedings typically take 4–12 months and are costly, both financially and emotionally. Keep in mind that the other parent may also request sole custody.
• Get Legal Advice: Book a consultation with an experienced family law attorney for accurate information and an assessment of your specific situation.
• Need Referrals? If you'd like recommendations for attorneys, email us at hello@co-parenting.app and we can connect you with our partners.

By weighing these points carefully, you can better navigate the complexities of moving with a child under joint custody — and keep the child's best interests at the forefront.