Thank you for addressing your concerns to us at Juridiktillalla. We will make our best to guide you in your situation.

The change of your child’s name

Since you have not mentioned whether you question concerns the change of your child’s first name or surname, I will henceforth assume that you are asking about the change of your child’s surname as you refer to it as an issue of the child not bearing “your” name. Since you have not mentioned the age of your child, we will provide you with two different scenarios.

If your child is new born and does not yet have any registered name

If we have understood you correctly, you and the father of the child are carrying different surnames. This makes the situation a bit more complex as the child would otherwise have received your common name. According to the Swedish name law, a new born child with parents carrying different surnames will automatically carry the same name as its most recent sibling. However, if this is your first child together, Skatteverket (The Swedish Tax Authority) will send out a name registration form which you are expected to submit before three months after the birth and which both of the guardians need to sign. In other words, in this scenario both you and your partner have to agree on the child’s surname. However, if this is your first child together and if you fail to submit this registration form within three months or if the fatherhood is not confirmed, the child will automatically carry its mothers name.

If your child already has a registered name

If the child already has a name registered, you need to apply for a name change to Skatteverket which will take the final decision whether the name of the child can be changed. This application needs to have the approval by signature of both the child’s guardians. So, as long as you do not have single custody over the child, your partner has to approve of the name change. If your child is between 12 and 18 years, the child also needs to give its permission by signing the application. As long as the surname is carried or have been carried (e.g. before marriage) by one of the child’s parents, the surname change application is free of charge.

To conclude and to answer your question; yes, given that you and your partner have joint custody both your own and your partners approval is needed to change the child’s name. If you need more guidance in this matter I recommend you to contact Skatteverket.

Your partners threat of throwing you out

Firstly, if your housing is fully or jointly owned by you, your partner does not have any legal basis for throwing you out of your own property. Moreover, regardless if you do own the housing or not, since you and your partner have a child together throwing you out may also mean separating you from your child. Therefore, he risks to make himself guilty of “arbitrary procedure with child” according to Chapter 7 § 4 of the Swedish Criminal Code. For your partner to be guilty of this crime, the child has to be under 15 and you have to have custody over the child. If your partner would have significant reasons to separate you from the child, such an action may on the other hand be justified. However, the fact that you make sounds when you are sleeping is surely not something that would serve as a justification for separating you from your child but rather something that sounds very normal. Although your partner may not have fulfilled his threat, solely the threat itself might be illegal according to Chapter 4 § 5 of the Criminal Code if the threat had the intent of invoking serious fear for your own or your child’s security.

I hope that this answer has helped you. Would you need more specific guidance in this matter, do not hesitate to book a meeting with our experienced family jurists at Familjens jurist.