When police collect a child in a custody dispute: what can a parent do?

This guide is informational. Always verify how the rules apply to your specific case.

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Short answer: If the police come to take a child following a decision by the district court, you should not attempt to physically stop the action. Instead, request to know which decision is being enforced, the case number, whether the decision can be enforced immediately, and whether an appeal with a request for suspension has reached the Police Authority. At the same time, ask for child-friendly measures: clothing, medication, glasses, a comfort item, calm information, a support person, and, if necessary, medical expertise. Document objectively without hindering the work.

The case of the five-year-old – and what the film does not determine

In August 2026, a film was circulated showing a screaming five-year-old boy, dressed only in underwear, being placed in a civilian police vehicle. According to Dagens Nyheter, Göteborgs-Posten, and local reporting, Skaraborg District Court had decided that the boy should be taken by the Police Authority and handed over to the father, who had been granted sole custody. Neuman Juridik has not had access to the court's complete file or the police's planning.

The film raises legitimate questions about proportionality, the child's condition, and what alternatives were considered. However, it does not alone determine whether the court's decision was correct, whether suspension had been requested, how many calm attempts were made, who was the support person, or exactly what force was used. The practical lesson is therefore to distinguish between the decision that the child should be handed over and how the police carry out the handover.

First: check what kind of decision it is

The immediate basis for a police retrieval in a custody dispute is normally a specific decision on enforcement and retrieval according to Chapter 21, Section 3 of the Parental Code. The underlying decision may concern custody, residence, contact, or handover. Retrieval can only be decided under the specific conditions in Chapter 21, Section 3, second and third paragraphs. For custody, residence, or handover, it is required that enforcement cannot otherwise occur or that retrieval is necessary to prevent the child from suffering serious harm. For contact, the threshold is higher: enforcement should otherwise not be possible, and the child must have a particularly strong need for contact.

This is not the same as an immediate taking into care under the LVU. LVU is public law compulsory care handled by the social welfare committee and administrative court, with the possibility of police assistance according to Section 43 of the LVU and normally public counsel according to Section 39. The comparison describes the legal situation as of August 30, 2026. On January 1, 2027, the LVU will be replaced by the Act (2026:1600) on Taking into Care for the Care of Children and Young People. Social services can participate as support or have other contact with the family, but this does not make a family law retrieval an LVU case.

Calmly request the following information:

which district court made the decision and what the case number is,
the date of the decision and which part is to be enforced,
whether the decision can be enforced immediately,
who is leading the police operation and how to reach the responsible officer,
whether the police have been informed of an appeal and request for suspension.

Section 13 of the Regulation on the Enforcement of Custody Decisions applies to an appealed decision on retrieval or taking into care that may be enforced immediately. If the Police Authority is notified of such an appeal and suspension has been requested, the action may not be carried out before the suspension issue has been examined. If the suspension is denied, enforcement can continue despite the ongoing appeal. An appeal in itself should therefore not be treated as a definite stop. You need to quickly ascertain what the court has actually decided.

What you should do when the police are at the door

Lower the level of conflict. Speak calmly and ask other adults to keep their distance. Threats, shoving, blocking, or attempts to pull the child away from the police can harm the child, complicate documentation, and create new legal issues.
Request decision details. Write down the court, case number, time, the names or service numbers of the police officers, and who is making the practical decisions.
Inquire about the child's support. According to Chapter 21, Section 11 of the Parental Code, someone who can support the child should be present during the retrieval. In urgent cases, only an action required for the child's protection may be taken without the support person. If possible, a pediatrician, child psychiatrist, or child psychologist should be involved.
Arrange what the child needs. Ask that the child be allowed to dress and bring medication, glasses, aids, contact information, a comfort item, and necessary everyday items. Write down what actually accompanies the child.
Provide brief information – do not interrogate the child. Acknowledge the child's feelings without instructing what the child should say or promising a certain outcome. For example, say: “I hear that you are scared. The adults will explain what is happening. I will seek information and help.”
Document without hindering. Open filming of the police is normally allowed when you are present, but you must not obstruct or disturb the intervention. Secret recording of individuals in a residence or other private space may constitute the crime of offensive photography. Save the original file as evidence but do not publish the film without legal assessment, especially if the child can be identified, is partially undressed, or is in a very vulnerable situation.
Focus on health. If the child has difficulty breathing, faints, is injured, or shows an acute medical reaction: state it clearly, request an ambulance or medical assessment, and note the response.

What you should say – and avoid

Preferably say	Avoid
“What decision are you enforcing and what is the case number?”	“You have no right to be here” without first checking the decision.
“I do not physically resist, but I request that my objection be documented.”	Threats, insults, or physical blocking.
“Who is the child's support person and what less intrusive alternatives have been considered?”	Pressuring the child to shout a certain message in front of the camera.
“The child needs clothes, medicine, and their comfort item before transport.”	A long discussion about the entire custody dispute in the middle of the physical action.
“I want a written notice of who is responsible for the next contact.”	Posting identifying film on social media.

If the child talks about violence or other concrete danger

Reproduce the child's words as accurately as possible and distinguish them from your own interpretation. Note the date, context, and who heard the information. Immediately contact your legal counsel and, in case of immediate danger, the police or social emergency services. Provide existing documents, photographs, records, or decisions—not rumors or speculation.

A new report of concern, a police report, or a general reference to the 'best interests of the child' does not automatically stop an enforcement decision. The new information must reach the right decision-maker and may need to form the basis for suspension, an interim decision, or a new review. Do not attempt to resolve the issue yourself by hiding the child or initiating a physical conflict.

Police obligations during the retrieval

Gentleness: according to Chapter 21, Section 9 of the Parental Code, measures concerning the child must be carried out as gently as possible.
Postponement in case of obstacles: if the child should not be moved due to illness or if there is any other particular obstacle, the measure should be postponed.
Need and proportionality: Section 8 of the Police Act requires that the intervention is justifiable and that force is limited to what is necessary. The section is a limitation rule and does not in itself provide an independent authority to use force.
Legal basis for violence: if the police use force, one of the grounds in Section 10 of the Police Act must be applicable, other means must be insufficient, and the force must be justifiable. Under Section 10, first paragraph, points 4 and 6, force against a person may only be used if the police or the assistant is met with resistance.
Minimal exposure: the Enforcement Ordinance requires that the measure does not attract unnecessary attention or cause greater inconvenience than unavoidable. Police officers should, if possible, be in plain clothes and use an unmarked vehicle.

This means that a valid court decision does not make every method permissible. The child's resistance does not give the parent the right to intervene physically, but it may have legal significance according to Chapter 21, Sections 5, 6, and 9 of the Parental Code and should be forwarded to the court. The method issue should be documented and, if necessary, reviewed afterward.

The first 24 hours after the retrieval

Create a timeline. Note arrival, conversations, breaks, participants, the child's words, every physical moment, and when the transport left the location.
Secure original material. Save videos, photos, door camera footage, text messages, and call logs. Do not edit the originals. Make working copies for sharing.
Document injuries. Photograph visible marks with a timestamp and seek medical care if the child or anyone else is injured. Request that both findings and the reported event are documented in the medical record.
Contact the right lawyer. Ordinary enforcement according to Chapter 21 of the Parental Code does not provide a special right to public counsel. Contact a lawyer with experience in custody and enforcement. Legal aid is assessed individually and is normally subsidiary to the legal protection in an insurance policy. The rules on litigation costs in Chapter 18 of the Code of Judicial Procedure apply through Chapter 21, Section 13 of the Parental Code, which may mean that the losing party has to pay the opponent's costs.
Request documents. Request the district court's decision and file, as well as the police's incident report, decision logs, planning, deviations, and information about any cameras. Confidentiality may limit what is disclosed.
Request a clear contact plan. Ask in writing who is responsible for the child's clothes, medications, school, care, and contact with you after the handover.

Appeal and Suspension

Contact a representative immediately if the decision is new or if new circumstances have arisen. The representative needs to verify which decision is to be appealed, the appeal period, whether leave to appeal is required, and which court is handling the matter. The request for suspension must be specific:

which decision is to be halted,
what immediate and irreparable risk the enforcement entails,
what new or overlooked information supports the risk,
what temporary solution you propose while the court reviews the matter.

Send the court's notice of suspension directly to the Police Authority and request a receipt confirmation. Do not rely solely on different authorities having already communicated with each other.

If you believe the police used excessive force

Keep three tracks separate. An appeal concerns the court's decision. A complaint or a criminal report concerns the police's conduct. A custody process concerns the child's future residence and contact. The same document rarely resolves all three.

Criminal report: suspected crimes by police employees are reported to the Police Authority. The Department for Special Investigations handles the case and submits it to the prosecutor for a decision on preliminary investigation.
JO report: The Parliamentary Ombudsman (JO) can review proportionality, documentation, conduct, and whether the special rules for children were followed. JO does not change court decisions and does not decide on damages.
Damages: a claim concerning the police's actual conduct is normally first submitted to the Police Authority. The Chancellor of Justice primarily handles claims based on incorrect decisions. Damages can also be adjudicated by a court.

Describe observable actions: who did what, when, for how long, what resistance occurred, what pain or injury resulted, and what material supports the claim. The phrase “the police assaulted the child” is a legal conclusion; a timed description of grips, pressure, screams, marks, and medical findings is better evidence.

Children's Rights

Article 3 of the Convention on the Rights of the Child requires that the child's best interests be considered, Article 12 gives the child the right to express their views and have them considered according to age and maturity, Article 16 protects privacy, and Article 19 requires protection against physical and psychological violence. Article 8 of the European Convention protects the family life of the child and parents.

The rights do not mean that a five-year-old alone decides the custody issue. They mean that the child's words, fears, health, and needs must have actual significance for how decisions are made and implemented. The child should not be reduced to a tool in the conflict between adults.

Checklist to Save

Court, case number, decision date, and enforcement conditions.
Appeal, suspension, and receipt confirmation.
Incident commander, participants, support person, and any specialist.
Timeline, original films, witnesses, and police notice.
The child's exact words, health condition, clothing, medications, and aids.
Medical documentation of any pain or injury.
Separate actions for the court decision, police method, and continued contact with the child.