(edit title) Having a child in Sweden Registering birth in uk and passport Options

[007]

the US embassy to issue a warning to Americans in Sweden and how the law works in what they state is an unfair manner.

could you give a link to that? it would be very interesting to read.

[Puffin]

TBH - best to check with the british embassy and ask beforehand.Many of the judgements regarding our children have been based on being born in Sweden followed by what is usual ... (show full quote)

TBH - best to check with the british embassy and ask beforehand.
Many of the judgements regarding our children have been based on being born in Sweden followed by what is usually classed as "association" to Sweden. Its a very loose term to cattle opinions through if needed, regardless of human rights laws.

I know another British couple living here, who had children in swedish hospitals.
Not entirely sure regarding the status of the children's nationality, but it had been mentioned that if the couple split up and one wanted to return to England with the children. They would not be allowed if the partner objected. (even though they are both UK Citizens and share no other links to sweden) as the child is protected by swedish law. ... (hide full quote)

Surely this is the case in most countries in the World that you cannot remove a child from the country of normal residence if the other parent objects without going to the courts

The UK implements ths Hague convention in exactly the same way - what counts is the country of habitual residence not nationality - such as the case in the UK where the French mother was not allowed to leave the UK and return to France because the childs father objected

[Puffin]

could you give a link to that? it would be very interesting to read.

I think what Byke is referring to is a the comment that Swedish courts tend to side with Swedish Mothers rather than American Fathers - although they don't make any comment about the reverse ruling concerning Swedish fathers and American mothers

[007]

i would like to read the warning the US embassy issued.

[byke]

I had to look up this thread from a previous one relating to US warnings as I have limited net access (through phone) at the moment. So bear with me as this is a copy and paste ... And I havent had time to check to see if the US have updated or reversed their previous warnings.

http://www.thelocal.se/discuss/index.php?showtopic=43776

Swedish courts do not generally recognize, register, or enforce foreign court orders regarding custody, although a U.S. statute or court order may be considered in adjudication of a Hague case to determine if a removal/retention was “wrongful.”

The U.S. Embassy in Stockholm notes that in non-Hague Convention cases involving American fathers and Swedish mothers, the Swedish courts have more often given custody to the Swedish mother. The Embassy has also found that the Swedish courts tend to favor Swedish mothers in cases involving visitation and access conflicts. Swedish courts have enforced very few of the rulings favorable to American fathers.

Surely this is the case in most countries in the World that you cannot remove a child from the country of normal residence if the other parent objects without going to the courts

The UK implements ths Hague convention in exactly the same way - what counts is the country of habitual residence not nationality - such as the case in the UK where the French mother was not allowed to leave the UK and return to France because the childs father objected

Obviously, removing a child from where they are established is a big no no.
(No question on that)

However, as mentioned previously in posts on this forum. Its not been uncommon for families to move to Sweden and within a very short period of time (for whatever reason) the relationship has fallen appart. Often Resulting in one parent being landlocked to gain access to their child, because the divorce/separation has been processed in Sweden. Even if the culture and majority of time the child has grown up in is not that of Sweden.

Add to this the many misperceptions of non/newly established residents from outside of Sweden. Often expecting similar logic of laws in which they are familiar with in their home country leads to allot of confusion and misconceptions of the change in variables which often take them by surprise.

[Puffin]

I think that what Byke is referring to is not an "Embassy Warning" but the country by country information on the State Departments website

Swedish authorities report that gender bias is prohibited by the Swedish constitution. The U.S. Embassy in Stockholm notes that in non-Hague Convention cases involving American fathers and Swedish mothers, the Swedish courts have more often given custody to the Swedish mother. The Embassy has also found that the Swedish courts tend to favor Swedish mothers in cases involving visitation and access conflicts. Swedish courts have enforced very few of the rulings favorable to American fathers.

http://travel.state.gov/abduction/country/country_524.html

I don't think that this any specifically anti-American/anti-foreigner thing as I think it is more an issue of how to enforce a visitation/shared custory arrangement if one party refuses to cooperate - I think this issue in the states was to a large extent driven by a particular case a few years ago where a lawyer (male/American) was denied custody and lobbied the US authorities very hard on the issue

However it given as strange impression when you consider that Swedish authorities have taken quite tough actions against Swedish mothers in some custody cases
- the 7 year old girl who was returned to her South African father to be brought up by a nanny
- the mother who was imprisoned for hiding her children

[byke]

I know in the past when I did a little background research into it, there were a large amount of very critical papers concerning the swedish legal system and what many feel were based on Sweden's policy of "protect their own" (regardless to crime) "once past go, home free".

Especially concerning cases where children had been kidnapped abroad, flown to Sweden and parents had either tried to hide in Sweden or file for divorce in sweden knowing that many court orders relating to such by courts outside of Sweden would be worthless (regardless of the Hague treaty).

So I doubt very much it has anything to do with 1 particular case, but in fact numerous cases of concern which has prompted such an official statement.

[byke]

U.S. State Department Report on Compliance with the Hague Convention, 2005

“Sweden’s significantly improved record on enforcing return orders has been noted in previous Compliance Reports. Enforcement problems, however, remain a barrier to access. Arrest or physical removal of the child from the violator's care is rarely used, and Sweden does not have the equivalent of a “contempt of court” mechanism. In the Department of State’s experience, Swedish courts have enforced very few of the access rulings favorable to American fathers."

U.S. State Department Report on Compliance with the Hague Convention, 2000

"Sweden was cited in the previous Compliance Report as noncompliant. Progress has been made in resolving cases and returning children and the Central Authority has been increasingly cooperative. However, the Department of State remains concerned about the commitment of Swedish authorities to act promptly to locate children and enforce return and access orders issued under the Convention. The U.S. Ambassador to Sweden met with Swedish justice officials and appeared on Swedish television to press the U.S. interest in prompt action on Hague cases. In one case, a child was located in Sweden and returned to the United States, but only after a lengthy delay and despite initial assurances by Swedish authorities that the child was not in Sweden. In another case, after a lengthy period with no progress, Swedish authorities assisted the U.S. Embassy and U.S. law enforcement in a multi-country search that resulted in a child’s return to the U.S. from a third country.

One older case continues, nevertheless, to illustrate the potential for disputes over interpretation of the Hague Convention and enforcement of custody orders, which the convention does not address. The Regeringsratten, the Supreme Administrative Court in Sweden, denied a petition by an American parent for the return of a child to the United States. Return would have been required under an existing U.S. joint custody order that included a consensual agreement that the United States would remain the child’s habitual residence and that a U.S. court would maintain continuing and exclusive jurisdiction to resolve all future custody issues, but that allowed the Swedish parent to take the child to Sweden for a two-year period. The Swedish parent filed a petition in a Swedish court seeking to establish sole custody of the child and refused to return the child to the parent in the United States in August 1995, as agreed to in the U.S. custody order. The U.S. parent filed a petition under the Convention with the Swedish Central Authority. Although the lower courts in Sweden ordered the child’s return to the United States, the Regeringsratten found that Sweden had become the child’s place of habitual residence, stating that a determination of habitual residence is a finding of fact that cannot be legally agreed upon in advance. The Department protested to the Swedish Ministry of Foreign Affairs that the failure to recognize the United States as the habitual residence was inconsistent with the goals of the Convention and with the fact that the United States was, in fact, the habitual residence when the custody dispute arose. The child has never been returned to the United States. The applicant in this case subsequently obtained a Swedish court order for unsupervised access, but enforcement of the order depends on the acquiescence of the abducting parent who as of the time of this report has not permitted access.

The lack of effective measures in the Swedish judicial system to grant and enforce access rights compounds the negative consequences for the left-behind parent of a judicial decision not to return a child under the Convention. Swedish courts appear reluctant even to consider permitting access in the United States, in spite of the fact that judicial arrangements could be made in the United States to help ensure the return of a child to Sweden. In the absence of contempt of court sanctions, the abducting parent can, in any case, effectively disregard court ordered access.

Senior officials of the Swedish foreign ministry have visited the United States to meet with the U.S. Central Authority and members of Congress to discuss U.S. concerns on Sweden’s implementation of the Convention. Despite the resolution of several long-outstanding cases, the failure to grant and enforce access rights, and the lack of effective contempt-of-court sanctions in access cases, and instances where Swedish courts refuse to honor U.S. court orders even when both parents have agreed to a U.S. venue for custody determinations, are areas for continuing concern.”

[007]

that was interesting to read thank you.

[Streja]

It's a shame that some parent cannot agree on what is best for their children.

But, that has nothing to do with what the OP asked. She clearly stated that she and her partner are British.

[byke]

Parent?Singular or Plural?
Could you clarify your statement as it doesn't seem to make any sense or relate to the thread?

[Streja]

Typing error.

PARENTS

In the plural...

[Streja]

I meant the posts about American and Swedish parents who in my opinion should be able to come to an agreement peacefully without going to court. I pity the children who have to live with either parent.

[Streja]

It just seems to me that you didn't read the OP's post properly and just got into byke mode.

Your posts were interesting though.

[byke]

In regards to the Swedish/American parents, if you look over the example I gave from the US Government transcripts and examples. An agreement was made by both parents in an American court. With the judge agreeing for the child to spend a short amount of time in Sweden before being returned to the USA as per agreements. However its this breach of agrement and manipulation and what many see as specific delays that was used as an example in which certain nationals find themselves able to go against treaties and hague convention and pervert the legal system, with the Swedish state being an active participant in this perversion. Obviously its not all clear cut, and that is part of the issue in which many countries are critical to the Swedish legal system and the way it judges cases on nationality.

In regards to your second comment.
I did read the OP's comment, and she was nice enough to clarify a fact in which she had not disclosed before my reply. However 2 separate posters asked me to elaborate on a comment regarding the US warning to its citizens regarding the swedish legal system, which I did.

But yes, being a parent is not always easy.
As many on this board can testify.