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Family Law & Father's Rights

Support and Assistance

Doogie
post 3.Dec.2009, 09:17 AM
Post #1
Location: Dalarna
Joined: 27.Jul.2006

Hello all - This is a topic that I am sure has been hashed out previously, but I have not been able to find any old threads searching the discussion boards.

Basically, I am looking for information on Father's legal support - as many others, I am having issues with my Swedish ex-wife who is jerking around terms with my daughter's custody. I am hoping to find some type of legal support / explanations in order to at least maintain my shared custody and outline in more detail the rules and regulations concerning my custodianship, Child Allowance, payment of debts, etc. I am tired of being coerced and threatened and basically not being able to understand the rules, due both to language obstacles and legalese. I would hire a lawyer, and may still do so, but as a single father, money is an issue.

I have reached the point where I may ask for the family court to have binding arbitration, but want to go into it with both eyes wide open and all available resources at my disposal. Any help here will be appreciated, including links to old discussion threads and any specific information for groups that help us "foreigners."

Just so the scenario is clear, I am living here permanently in Sweden, with split custody of my child and plan on being here for a while. Communication with ex- has broken down almost completely, so negotiations have been difficult if non-existent.

Thanking you all in advance.
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Puffin
post 3.Dec.2009, 10:07 AM
Post #2
Location: Dalarna
Joined: 5.Apr.2006

It may be a good idea to arrange a meeting with family counselling in your kommun (familjrådgivning) - you can visit them alone or with your ex. They can explain your rights and what the law is regarding children. I beleive that usually you are required to meet with them anyway in divorces involving children

The courts generally try to get parents to reach volunatry custody agreements - but will become involved if they are unable to agree. If it is not working out then perhaps you should get a detailed order approved by the court

You might also see if the the 'lawyer on call' scheme (Advokatjour) from the Law Society (Advokatsamfundet) operates in your area - here you can get 15 minutes of free legal advice. The lawyers usually work a couple of evenings a month in local community centres and libraries
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Doogie
post 3.Dec.2009, 06:54 PM
Post #3
Location: Dalarna
Joined: 27.Jul.2006

Ah, Puffin - an old name around these parts and one of reason. Since you have brought it up, we have already passed the family counseling portion of life and have since moved on to complete estrangement. The divorce itself was 6 years ago and done at a time when communications were more conducive and resulted in the shared custody agreement. It is only in the last 18-24 months as she has settled down with a new man and is starting another family she is trying every trick in the book to whittle down my 50%. And by no coincidence, the communications also really started to break down during this time.

After being threatened repeatedly, I contacted local authorities to investigate whatever complaints may be lodged against me, which there were none. From this point, I contacted Family Judicial and was told that my only recourse is the detailed order you describe (which her participation is voluntary) or if this does not occur or is unsuccessful, my final recourse is to hire an attorney and sue in open family court (which is obviously not voluntary).

I am not trying to get anything more than what is already agreed to - and I just want to be left alone. Simple.

I will search the Law society lead and hope they meet somewhere in Falun or Borlänge. Thanks for your reply.
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Jimmy
post 3.Dec.2009, 11:38 PM
Post #4
Location: Stockholm
Joined: 5.Dec.2005

What only 6 years I have been going for 10 years. Now at the stage where my son for the lsat 6 years has told social that he wants to live with me. A judge spoke to him once and ordered that he live with me, the next one ruled opposite to social and moved him back to his mother.
I have been accused of everything from going to kill her, attacking her new mother in law to the best one going to kidnap her new daughter. and nevér been spoken to by the police but have them all mentioned in the courts and to social who believe her.
Best advice is to record everything to do with the ex, i HAVE AUDIO TAPES GOING BACK THE YEARS.
Also the following link family law read and understand it. Then stand your ground.
http://www.vardnads-umgangeslagar.se/index...oeraeldrabalken
also when your child is with you ensure that you try to keep her in contact with her mother and her mothers family. It shows that you want your daughter to be part of both parents family.
I don't need to tell you you that you are pushing it up hill. I have had judges say that the ex is lying but they still rule her way. And I have not been convicted of anything and been acknowledged by social as having the childs best interest.
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yorgosbolanos
post 30.Sep.2012, 02:12 PM
Post #5
Joined: 30.Sep.2012

I need imediate response comments and guidance
To whom it May concern,

I have a six year old son his name is: ...

I have legally recognized my son.

The mother of the child is... She has Greek and Swedish citizenships.

We were not married.

My son was born 28-8-2006 in Athens, Greece and he is a Greek citizen and has American citizenship since I am an American citizen.

We all lived together since my son’s birth 28-8-2006 in Athens, Greece and separated after 3 years.

I have a great relationship with my son. On February 22 of 2012 the Greek court award me a decision regarding visitation rights / child support and schedule. The mother has the custody of the boy.

Since the court decision I was able to see my son according to the visitation schedule

normally.

My son is registered to attend his elementary first year at the “Hill school “ in Plaka, Athens, Greece. It’s an excellent private Greek school. I personally made and a huge effort to register my son to this school.

The classes started on September 7th and half of the tuition was paid and other half was about to be paid.

On the September 7th of 2012 I went with my son and his mother to his first day of school in order to meet his teacher. Everything went calm and me and my son’s mother had coffee at a next-door coffee shop while my son spent two hours meeting his classmates and new school.

Afterwards I returned my son and his mother at their home.

The next day on the 8-9-2012 the mother took my son secretly without me knowing anything and moved with him in Stockholm, Sweden.

I found out all about this on the 10-9-2012 two days later from her lawyer.

Since 8-9-2012 I have not been able to talk or see my son Paris. The mother does not answer the phone or is willing to communicate in order to find a solution.

His mother broke the visitation court order and basically took my son away from his school, father, relatives, and friends. This of course will have a huge psychological effect on my son since he does not speak Swedish, he was not prepared for a move like that and I believe he does not know the truth.

My lawyer and me suggested to her lawyer to tell the mother to return to Greece for the child’s sake and well being so he can return to school and to his normal life.

They refused saying that the mother moved for ever to Sweden and we have to propose a new visitation agreement since the new residence of mother and child is :

My lawyer and me have given the mother’s lawyer a new visitation proposal since the 18-9-2012 so I can speak and see my son. It has been impossible to find a solution to this matter and I have no contact with my son.

I want to plan to go to Stockholm, Sweden to see my son since I don’t know how he is or feels.

I need immediate help from local Swedish social services, and legal presentation (lawyer) to assist me with my legal rights in order to be able to see and talk to my son.
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byke
post 30.Sep.2012, 04:36 PM
Post #6
Location: Europe
Joined: 28.Oct.2008

You will need to make sure you go through the greek courts to demand the child is returned.
Have you reported this as an official kidnapping in greece?
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Puffin
post 30.Sep.2012, 07:41 PM
Post #7
Location: Dalarna
Joined: 5.Apr.2006

QUOTE (yorgosbolanos @ 30.Sep.2012, 03:12 PM) *
II have a great relationship with my son. On February 22 of 2012 the Greek court award me a decision regarding visitation rights / child support and schedule. The mother has t ... (show full quote)

You need to apply in the first place to the courts in Greece as this is where the custody case was resolved and they can force the child returned to Greece

A lot will depend on what type of custody your ex-wife has and whether she is in Sweden on a temporary or permanent basis
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Westport
post 1.Oct.2012, 06:22 PM
Post #8
Joined: 23.Feb.2011

Hi Yorgosbolanos,

From the brief details you have provided above it would appear that the mother of your son has broken the law. It will depend to some extent on the details of your legal situation (ie. if you share custody) but the fact that there is a Greek court award that fixes visitation rights suggests that her move may well be classified as an international child abduction.

Both Greece and Sweden are signatories to the Hague Convention on the Civil Aspects of International Child Abduction so you should take steps through the Greek police to have this classified as an abduction. Swedish authorities will then be obliged to take steps to locate your son, return him to Greece, and in all likelihood arrest your ex. Your Greek lawyer should be aware if this process is applicable in your particular case.

Of course, if you can resolve the matter amicably it would no doubt be beneficial for your son in the long run. However, it is just this kind of case that the Hague Convention was set up to resolve.

Good luck.
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Yorkshireman
post 1.Oct.2012, 07:02 PM
Post #9
Joined: 22.Nov.2011

QUOTE (Westport @ 1.Oct.2012, 06:22 PM) *
Both Greece and Sweden are signatories to the Hague Convention on the Civil Aspects of International Child Abduction so you should take steps through the Greek police to have ... (show full quote)

There is also a simplified proceedure apart from the Hague Convention written into the EU framework, the only country not signed up for that is Denmark.

With regards the EU framework, You must take it to the Greek court, they will instruct the Swedish Court for the return of the Child. The Swedish court is not to test the reasons of why the child was abducted etc..., it can only refuse if the child is in danger or the child is old enough to state that it doesn't want to return.

It all depends upon whether or not the Childs Mother has broken any custody rules that have been made with the Greek court, I suspect that visitation rights count as broken here.

Fortunately for You, any Greek Court decision with regards the Childs custody, visitation etc... cannot be challenged in the Swedish court, EU rules are that they can only be challenged in the Member State Court that issued the original judgement.

Get it reported as abduction, get a lawyer and push it into Greek Court.
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