Replies

If she cites any abuse against the boy (her first child) by the husband (which is what I'm reading between her lines about the way he treats him)

In other words, you're suggesting the classic, time honored trumped-up charges of child abuse.

This is what I mean about people acting like jerks during a divorce.

First off, let me say that I am not a lawyer and I am not giving you legal advice and I am not advising you to do anything illegal. I am also married to a Swede (but happily) and lived in Sweden for 12 years. I know many people who have confronted this very problem. First understand that wherever you file for divorce is going to want jurisdiction. Physical presents trump everything. There is a well-known case that has been featured on TV magazine shows of a man that has a US court order that he has not been able to enforce in Sweden. If you file in Sweden, you are unlikely to get sole custody. You most likely would not in the US either. Either court may very well prohibit you to take the child outside of the jurisdiction (country). So if you file for divorce in Sweden you may not be able to take the child back to the US. You cannot take the child out of the country without the other parent’s permission. This is the rule, but if you have a passport (for the child) and tickets you are unlikely to be stopped at the boarder, especially if you depart for the US from another EU country. IIRC you need both parents to sign to get a passport in Sweden. Where was you child born ? Does the child have a certificate of consular birth and/or a US passport ?