Family Law
Translated from Swedish by AI; the translation may contain errors. The Swedish text is the original.
Summary AI, written in advance
M supports the proposal in the report and emphasizes that the best interests of the child must always come first 1. M believes that the government prioritizes family law issues and that Justice Minister Strömmer is committed to creating safer homes for children 1 2. M asserts that the government is working on several issues simultaneously and that it is quick to appoint inquiries 2 3. C believes that there is a lot of talk but too little action since the government cannot specify a date for the inquiry on division of property 4 5. C considers it important to be able to do two things at once, both work on safer homes and appoint the inquiry on property divisions 5.
Written by AI in advance and may contain errors. The numbers lead to the speech a statement builds on; check against the text below.
Ellen Juntti (M)
Madam Speaker! Today we shall debate the Committee on Civil Affairs' report regarding family law issues. The motions concern legal assistance for children, issues regarding custody, residence, and visitation in cases of domestic violence, the Children and Parents Code, and so on. I move for the approval of the proposal in the report, which means that I move for the rejection of all reservations.
I say the obvious: The best interests of the child must always come first in all matters, whether it concerns custody disputes, crime, or other issues.
Madam Speaker! Before I entered the Riksdag, I worked as a police officer in Gothenburg. For three years, I worked as a child investigator at Barnahus. I conducted many interrogations with children, and the fates of some children have stuck in my memory. I remember a six or seven-year-old boy whose parents were arguing over custody. The father had been violent. The children were afraid of him and did not want to go to him. After the interrogation, the mother told the boy that he had to go to his father. The boy's legs gave way, and he collapsed into a heap on the floor. He lay in a fetal position and just cried and cried. This was 16 years ago, and I still remember it. It was absolutely terrible.
I felt that this was wrong. I told the social worker that they had to stop the contact with the father. She said that it wasn't possible because there were decisions about it. I said that they still had to do it, and eventually the visit was stopped. The boy did not have to go to the father - at least not that day. I do not know what happened after that.
I believe I have told this before, but it is worth telling once more. It was very difficult for the poor boy and also for the mother, who had to see this.
I also remember another case, which concerned aggravated violation of a woman's integrity. A father had kicked the mother down onto the kitchen floor and kicked her in the head. The three-year-old son tried to go between them and stop the father. This went on for a while, but eventually, the mother got up and was able to flee from the scene with the son. After a few days, she went back to the man, which unfortunately is quite common.
I think many times: What will become of these children? Who is the little boy today? I am not surprised if he belongs to some criminal gang and commits violence. I usually say that the absolutely most important crime prevention measure is to combat violence in the home.
Madam Speaker! Family law issues are often complicated and sensitive for those involved, and children are particularly vulnerable. The Moderate-led government prioritizes these issues and is working on a broad front and as expeditiously as possible. Minister of Justice Strömmer has shown great commitment to these issues and takes them very seriously.
I want to say a few words about the report All times parenting - a strengthened protection for children's family life.
There are three types of legal parents in the Children and Parents Code: mother, father and parent. Parent refers to a woman in a same-sex marriage or cohabitation who has not given birth to the child. One of the tasks of the investigation was to make the law more clear and easier to apply. The investigation proposes many different things, for example that the conditions for maintaining a relationship with one's social parents after a separation or a parent's death should be improved. Social parents can be grandparents or stepparents. The investigation also proposes that a parental power of attorney should be introduced for other persons who have a great parental responsibility.
The Government is working on these issues and intends to return with legislative proposals as quickly as possible.
Madam Speaker! When it comes to children's participation in matters regarding custody, residence, and visitation, new rules entered into force in 2021. They mean that the child has the right to receive information and to be heard in these matters. The social services committee may speak with the child without the guardian's consent and presence, which is very good. Children rarely dare to speak about any negative things if the guardian is nearby and listening. The court, however, has the ultimate responsibility to ensure that the child is involved in the case.
Work is currently underway linked to the report Safer homes for children. Strömer's primary focus is to work with this report. It shall include measures so that children do not have to grow up with violence. The investigation proposes that children should have the right to an assistant in certain matters regarding the transfer of custody.
Another investigation, titled Improved opportunities for children to assert their rights according to the Convention on the Rights of the Child, concerns custody, residence, and visitation. The assessment in that investigation is that children should have their own legal counsel even when it concerns other areas. This is particularly important in families where violence occurs. The investigation makes no proposals on this but considers that the issue needs to be further investigated in the report Safer homes for children.
There are, therefore, both advantages and disadvantages to the child having a legal representative. For parents undergoing a custody dispute, it is very difficult to safeguard the child's interests, but with a legal representative, it can be the case that the child ends up even more caught between the parents.
Custody, residence, and visitation in cases of domestic violence must be taken most seriously. Children growing up in families where violence occurs suffer greatly. Many are harmed for life by this. Many suffer from mental ill-health and have difficulties managing school and later working life. Often they also have difficulties in relationships. Several motions point out that the rules must be tightened, and I can only agree.
In recent years, incorrect risk assessments have been made that have had terrible consequences. Several children have been murdered or neglected to death. It simply must not happen.
In 2021, the Riksdag decided on new rules in the Children and Parents Code regarding temporary guardians. This applies, for example, if one parent has killed the other parent. The investigation has not listed in which situations visitation should not be approved, but the best interests of the child shall always come first.
The assessment of the child's best interests shall be a holistic assessment to be made for the individual child. Until now, the contact principle has taken precedence over the child's best interests, and this must change. Both social welfare committees and courts have had deficiencies in their risk assessments.
The Courts Administration needs to consider educational initiatives so that proper risk assessments can be made. Minister of Justice Strömmer has said that he wants training to be carried out to a greater extent and with higher quality than today. It is important that those who decide in these cases have good education.
The investigation also proposes that it should be possible to obtain expert opinions from psychologists.
The government will present this bill in September 2024.
Last but not least: The best interests of the child must always be most important - not the parents' best interests.
Martina Johansson (C)
Madam Speaker! I thank Ellen Juntti for the speech.
The Speaker speaks very highly of Minister Gunnar Strömmer and says that he prioritizes issues concerning children's rights and family law highly. She also says that they are working as fast as possible to produce proposals. I too have noted that Gunnar Strömmer shows interest in issues concerning family law.
During the previous parliamentary term, I worked partly with the Moderaterna to get a greater focus on the partition processes. I did not succeed in getting the S-government to take the issue further, but Gunnar Strömmer has promised an investigation to move forward with the partition processes. In the committee, we also agreed on a joint announcement that the partition processes need to be accelerated and that an investigation should be conducted.
What has happened since then is that Gunnar Strömmer in November promised to appoint this inquiry on faster property division processes. He said it would take place during 2024. Now half of April has passed, and I have repeatedly asked questions about when the inquiry will be appointed. I have asked on what date Gunnar Strömmer intends to appoint the inquiry, but I receive no answer other than that it should take place during 2024.
Then my question to the member is: If the Moderaterna and the government prioritize children's rights and family law issues so highly, why can a date not be presented for when an inquiry should be appointed that would create better opportunities for women, men, and above all for children?
Ellen Juntti (M)
Madam Speaker! I think I am on pretty firm ground when I assert that Justice Minister Strömmer truly prioritizes these issues. He is truly committed and thinks it is important.
He knows that children who grow up in violent homes become insecure children. They are out on the city's streets and squares hanging out, and they come up with a lot of stupid things or criminal things. It is not just stupid things, but truly criminal things.
As I said in my speech, a lot of work is already underway at the Ministry of Justice regarding family law issues. I listed three different reports that are being worked on. It is more than what could be said about the previous government.
I still think that he has shown that he has really accelerated these issues. What one is working on most, and where he wants to submit a government bill as soon as possible, is the report on safer homes for children.
It is good that one is now concentrating on that, in any case in the first instance. One can also work in parallel, but it is a matter of getting that out first.
The faster we can get the bill through so that children do not have to grow up in violent homes, the better. That proposal is very urgent. That is what he will present first and foremost.
He has promised that an inquiry into property divisions will be appointed during 2024. There are quite a few months left in 2024. I cannot give an exact date, but it will come during 2024.
Martina Johansson (C)
Madam Speaker! I agree. The previous government could have done more things. However, it did not have as high a level of self-proclaimed righteousness as this government and the Moderaterna regarding being the party that should stand on the children's side.
It is what I am getting a bit frustrated about. There is a lot of talk but not so much action when it comes to delivering on what one has promised to deliver.
Being able to decide on a date for when one intends to appoint an inquiry should not be so difficult. One can actually answer: Yes, I will come with an inquiry, and I will appoint it in September or in June. But I am afraid it will be December before the inquiry is appointed.
Every day that no work is being carried out, men and women are affected by not being able to complete their legal and financial divorce. Children are affected by the fact that they cannot start two new good homes.
If there is violence in those families, it is precisely that which the member says the minister works to prevent that is happening. Children should not be affected by violence. But they do, when a division process is not completed.
It is equally important to move forward early and quickly and to appoint an inquiry while simultaneously working on the report Safer homes for children. We agree that it is a good inquiry that we need to proceed with. But one must be able to do two things at the same time.
Those who have heard me before know that I usually highlight a different issue that the minister has prioritized. In three months, the minister has moved from investigation proposals to decisions when it comes to visitation zones where we limit rights.
But when we are to give parents the right to be finished with their division of property process, the Moderaterna cannot come up with a date and which month they intend to appoint the investigation to move forward in the matter.
Ellen Juntti (M)
Madam Speaker! I think it is good. I know that Martina Johansson is passionate about these issues. That is very good. I am too. It is very important. Then I probably do not agree that we have a higher tail-end than the previous government. I must say that.
It was said that one must be able to have two things in one's head at the same time. I listed all the things that the government is working on. These include, among other things, the amendment of the Parental Code and rules on parenthood. This is taking place simultaneously with the work on safer homes for children and the division process.
It is not just: Bang, and then you appoint an inquiry. One must ensure that there are good investigators who can take on the task. I think it is good and that it has still gone quickly with this government to appoint inquiries.
The previous government did nothing for eight years when it came to the housing division. This is not a new crisis. I still think that the Moderate-led government has gained momentum. An inquiry will be appointed during this year, as the Minister for Justice has promised. I do not have an exact date. But it will happen this year in any case.
Source: The Swedish Parliament. The speeches come from the open data of the Riksdag, translated into English by AI, which may contain errors.