Can a parent take his/her children out of the country without permission from the other parent?
Hi,
I have big conflict with my husband regarding visiting his parents with 2 kids (7 years and 5 years. We live together) in Mainland China.
My plan is to visit them once every second year. His parents are welcome to come to Sweden if they want. But somehow, they are not willing to come. Or my husband can visit them himself if he wants. But my husband wants the whole family to visit his parents every year. He insists that he must take kids with him even I don't agree. Does he have right to take kids back to China without my permission? Considering the bad situation in Mainland China, there are 200 000 children missing every year, the chance to find missing children back is less than 1%. With another words, it is very dangerous for 1 adult to take 2 kids to Mainland China, especially for my husband who has bad history before that he forgot to take my son with him when he left the train. Is there any legal ways to stop him?
Thank you!
Lawline svarar
Hello and thank you for submitting your question to us!
According to the 7th chapter section four in the Swedish Penal code, a person who has joint custody with another of a child under fifteen years of age without good reason arbitrarily carries off the child will be sentenced for arbitrary conduct concerning a child to a fine or imprisonment for at most one year.
This law applies to cases where a parent who has joint custody over a child arbitratrily carries off the child somewhere without permission from the other parent. In your case, it means that your husband needs your consent to be able to take your children to China.
I hope that you are satisfied with your response, if not, or if you have further questions, you are more than welcome to get back to us at Lawline!
