A 44-year-old man in southern Sweden was sentenced in 2014 for the mistreatment of their two children, and a former girlfriend.
the Children, who, at the time were seven and four years old, according to his own statement to have been beaten by her father repeatedly.
at one point in 2013, when the father pulled the smallest boy in his arms, and dealt several blows to his body, according to the ruling.
Shantu Wahlgren representing the father in law and provides a different picture.
– It is a judgment that he at one point on each of the children has awarded the kind, and that you can say, ' yes, it is abuse because it is a child. One case had he received a kick in the crotch and gave the child a slap, which was a pure reflex that he repents. The other, he has denied, says attorney Shantu Wahlgren.
his ex-girlfriend in the wrists so that there was damage. The girlfriend could also she the strength of the children's story of the battles from the father.
the 44-year-old was convicted of assault in three cases and had to pay damages to all three of the plaintiff and serve a prison sentence of three months.
since Then the children have lived with her mother and only met his dad on a few occasions. The children themselves have indicated that they do not want to meet his dad.
in 2017, wanted the father to have shared custody of the couple's two children. He wanted to have them every other weekend and some holidays and during a continuous period of summer holidays. The mother, on his side, liked to have continued sole custody of the children.
if shared custody has previously been rejected in tingrätten whereupon he appealed to the court of appeal. The court of appeal has been able to distinguish the two risks for the children in their living arrangement: ”the Danger that children are exposed to violence or violation” ... and the risk for the mother to exclude the father from children's lives.
the Court of appeal considers the risk that the children would be exposed to the violence as ”limited” and do not believe that the fact that the father previously convicted of ill-treatment of children will be given the ”crucial importance of the assessment” if the father is a good omsorgsperson for the kids.
However, does not believe the court of appeal that her mother has ”done everything she could to persuade the kids to hang out” with the father. The mother should have referred to the fact that the children themselves have said that they do not want to meet his dad, but according to the court of appeal, it is not possible to transfer to the kids to determine this.
the Mother should not have informed the father about the information out of the children's lives, things relating to their health.
a vårdnadsutredning of the family. In the, it is stated that it is against the joint custody of the children, not that the father would be unfit to be a parent without cooperation between the parents does not work. Investigators have determined that the father will not expose the children to violence again, and that he is the one who could best ”meet the children's right to contact with both parents”.
Thus hit the court of appeal ruled that the father should get sole custody of the two boys.
– It is very important that you have access to both parents, but at the same time, assaulted the children, so have yourself the responsibility. It is not for all time shall be deprived of socializing, I think, but it is very strange that you get full custody, says the mother's new counsel, Thomas Bodström.
the Father's agent Shantu Wahlgren think, on the contrary, the court of appeal's decision is reasonable.
– You should get a chance to improve. You can't just judge someone for the rest of your life and then it'll never be any change. It is therefore children who are beaten by their parents need to call, may call, together with the parents to be able to understand in order to get the process, " she says.
have presented evidence during the trial in which they argue that children's negative image of his father has been marked by the mother.
– Now it will probably be how they have coloured and what they have heard that the mother has said, there has been a lot like that in this case, and perhaps not so much of what the boys themselves have experienced and will remember, " says Shantu Wahlgren.
the Mother's agent, Thomas Bodström do not agree with.
– That children have a negative image depends, above all, that he assaulted them. He would not have abused their own children would he have the same right to custody and access as all other fathers have, " he says.
the Judgment will be appealed to the Supreme court.