"Is it reasonable to give a dad who abused the kids sole custody?"
"A recent judgment has created outrage in the social media, but the case is more complicated than what has appeared."
"On 1 February, the Svea court of appeal a judgment in which a man granted sole custody of the two sons. A few days later, a law firm that specializes in barnrätt and victims of crime a critical review of the case."
"the lyrics were quickly spread on Facebook and Twitter and led, gently expressed, to the considerable anger."
"There are sometimes reasons to take lawyers with a pinch of salt. Some of them are song - and dansmän that with a varying degree of creativity and skill of the souped sequence of events until the night becomes the day and black is white."
"this is not the case this time. The lawyer's portrayal is biased, but not dishonest. However, the missing part circumstances. That also is not remarkable: Even my column has shortcomings. Space is limited, details are lost."
"But let me make an attempt to complete the picture."
"the Couple separated in 2011. The following years lived sons, today eight -, and twelve-year-old, alternately with the parents."
"Three years later sentenced the man to three months in prison for beating a of the boys with an open hand in the back of the head and the other the son several times with a leksaksbatong and to have turned on the arm of his new girlfriend and pressed her up against a wall."
"After this judgement, will it completely between the parents. Despite an ongoing legal dispute, and several judgments have joint custody, the children lived full time with their mother the past four years. Something she reasoned with they do not want to be with dad."
"The legal starting point for the court of appeal is that of joint custody, in general, is the best. However, the relationship between these two parents has been frozen a long time, why the court begin to look for alternatives."
"It is observed that the two risks are: first, that the children are exposed to violence by the father, and to the mother excludes him from the children's lives."
"That the man convicted of ill-treatment constitutes a ”significant risk factor”. But it has been several years since the accused the offence, the father has said that he has gone to therapy, and witnesses stated that he had to overcome his excitable temperament."
"the Risk to children exposed to violence is considered to be small. An assessment by social services after completion of the vårdnadsutredning for the other parts."
"How is it, then, with the risk that the boys don't get to meet the father? The court of appeal notes that the mother made a few attempts since 2014 that the children will get to hang out with him. Since 2016 none at all."
"the Court is impressed not by that, she explained that the children themselves have to decide. They have been too small to make such decisions."
"There is a ”significant risk” to the children's relationship to their father damaged. In addition, they can be affected by the mother and her family think badly of the man."
"the court of Appeal's conclusion is that both parents are loving. But it is the woman in the keg to the man for several years not been allowed to have visitation with her sons. There, the court considers, is ”very seriously”."
"Therefore he is appointed as the sole guardian. The movement of the children, however, should be done carefully and with the support of social workers. And in the long term, when the relationship between father and sons is restored, should the children stay with both parents."
"Right or wrong? Since I was not on site during the trial I would not dare to have an opinion. The one who only reads the judgment does not have the full picture."
"But I can't see that Svea high court's reasoning is clearly wrong."