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User:StAnselm/Domenic Johansson custody case

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The Domenic Johansson custody case is an ongoing case that began when Domenic Johansson (born September 9, 2001[1]) was removed by Swedish authorities from the care of his parents, Christer and Annie Johansson, on June 25, 2009. The resulting litigation has raised human rights issues surrounding the rights of parents and children in Sweden.[2]

Background

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Domenic Johansson is the only child of Christer Johansson, a Swedish citizen, and Annie Johansson, a native of India. The Johansson family moved from India to Gotland, Sweden before Domenic’s birth in 2001 and planned to return to India in 2009 for humanitarian work.[3]

Domenic reached school age a few months[vague] before the family’s intended move to India. Rather than enroll him in a school for a few months, Christer and Annie decided to home educate their son.[3] This was legal in Sweden at the time[4] and the Johanssons complied with and were approved by the Minister of Education, who instructed them to contact the local school principal for the necessary study materials.[3]

However, the Johanssons claim that when they contacted the school, the principal refused to provide the study materials, informing the parents that Domenic must attend school.[4] They were summoned to court and fined for every day that Domenic did not attend school.[4][5] The last hearing took place in May 2009. The court was informed that the family planned to emigrate to India, that Domenic would attend school there, and that the date was set for their travel.[4] The court decided that it didn't make any sense to continue to impose fines and the judge wrote in the verdict:

Christer and Annie Johansson have been informed that the municipality will not have any demands on them if they leave Gotland. The committee only considers compulsory schooling. A report has been sent to the National Inspectorate for help and advice in this matter. The purpose of the fines is that Domenic will attend school and imposing fines is what is available to the municipality. Hopefully, other measures may be applied." [6]

No court order was issued to prevent them leaving Sweden.[4]

The social services in Visby started to investigate the Johansson family, and concluded that Domenic should be taken into care because his parents were strongly opposed to the authorities, refused to cooperate with the social services, had not ensured that Domenic was attending school or was properly socialised, and were planning to emigrate to India. At this stage, the only concern social workers voiced about Domenic's home situation was the fact that he was not attending school.[5] On June 24, 2009, a lone social worker issued an emergency decision to take Domenic into public care and requested police to assist in apprehending Domenic.[6]

The social worker's emergency decision to take Domenic into public care was executed by armed policemen at their home on Gotland, on June 25, 2009, but they had already left the island.[6] The hunt for Domenic continued at Arlanda Airport in Stockholm, where the police found the family after they had cleared security and were on board a Turkish Airlines flight destined for India.

Removal

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On June 25, 2009, as the Johanssons sat aboard Turkish Air Flight 990 waiting for departure, armed Swedish police boarded the aircraft and removed Domenic,[3] and his mother collapsed. Police were ordered to seize the boy based on the fact that he had been homeschooled,[7] even though school had already ended for the year.[8]

After the seizure of Domenic a medical examination showed that he had two cavities in his baby teeth and the Johanssons had legally opted to forego immunisations. On these grounds it was claimed that Domenic was not properly cared for.[3] On 17 December 2009 the Administrative Court of Appeal of Stockholm decided that Domenic's parents had failed to give him physical care because of the cavities and lack of immunisation, and emotional care because they failed to send him to school.[9] The Johanssons assert that, for the following 18 months, they were permitted to see their son, on supervised visits, for one hour every five weeks,[4][10][11] on the condition that they did not talk to him about his situation and that they pretended they did not want him back.[6]

During one access visit in November 2010, Christer Johansson took Domenic home on an unauthorized two-day visit. On November 22, 2010 armed police again took Domenic into custody and arrested Christer for kidnapping.[3] While in prison he underwent a psychological evaluation, which concluded that he had no psychological problems[citation needed]. Christer Johansson was released in January 2011 and was sentenced to two months imprisonment, which was the length of time that he had been incarcerated.[6]

Access visits were terminated immediately by the social workers in November 2010 and in March 2011 the prosecutor issued a restraining order under which the parents are not allowed to contact their son.[6]

Transfer of custody

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In 2011 social services in the municipality of Gotland filed a case in the District Court aiming to terminate Annie and Christer Johansson's parental rights. Gotland Social Services accused the father, Christer Johansson, of being mentally ill despite psychological evaluations showing otherwise and of being a "human rights fanatic".[3]

The parents are being represented legally by Ruby Harrold-Claesson, a prominent[citation needed] Swedish human rights attorney and Chairman of the Nordic Committee for Human Rights. The Home School Legal Defense Association has also been active in funding and raising awareness of the case.[10]

In June 2012 Gotland district court ruled that the Johanssons should retain their parental rights over Domenic. In their decision, the court found no lack of care on the part of Domenic's parents and refused to rule out the possibility of returning custody to the parents.[11]

Shortly afterwards the Social Welfare Committee appealed their victory.[10] In December 2012, the appeals court overturned the inferior court’s decision, terminated the Johanssons’ parental rights and awarded full custody of Domenic to an appointed third party.[7][10]

Domenic’s parents have now appealed the decision to the Supreme Court of Sweden, their final chance of appeal.[8]

International response

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The Domenic Johansson case has attracted attention from homeschooling advocates in the United States, as well as Christian organizations.[2][10] In April 2013 the Home School Legal Defense Association launched a letter-writing and email campaign to plead with the Swedish Supreme Court to hear the case and return Domenic to his parents.[8] HSLDA attorney Michael Farris has called the case "an egregious violation of basic human rights and international law standards" and states that the case will be "a dangerous precedent if permitted to stand."[7]

The HSLDA, together with the Alliance Defence Fund, submitted an application to the European Court of Human Rights on behalf of the Johanssons.[12][13]

The case has also attracted attention in the Indian community.[1]

See also

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References

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  1. ^ a b Bhabani, Soudhriti (2 May 2012). "After Norway, child of Indian-origin parents taken away in Sweden". India Today. Retrieved 30 June 2013.
  2. ^ a b Newman, Alex (16 May 2011). "Sweden's Big Government 'Utopia' Unmasked". Crisis Magazine. Retrieved 25 April 2013.
  3. ^ a b c d e f g Swedish Home-School Family ‘Broken to Pieces’, CBN interview of Christer and Annie Johansson.
  4. ^ a b c d e f Alliance Defence Fund brief to the European Commission's Communication on the Rights of the Child (PDF), EU: Europa.
  5. ^ a b "En rättighet att gå i skola", Helagotland.se.
  6. ^ a b c d e f Ruby Harrold-Claesson's submission to the Supreme Court, Case T 298-13, page 8(25), available from the Swedish Supreme Court
  7. ^ a b c Parents Fight to Regain Custody of Homeschooled Son, Yahoo.
  8. ^ a b c "Desperate Homeschooling Parents Plead for Help - Hope Court Will Hear Case," Home School Legal Defense Association.
  9. ^ Administrative Court of Appeal of Stockholm decision (PDF), Alliance defense fund, 2009-12-17.
  10. ^ a b c d e "Family Execution--Swedish Style," Home School Legal Defense Association.
  11. ^ a b "Gotland District Court 2012 - 06 - 13 official translation".
  12. ^ "Swedish Authorities Threaten to Completely Revoke Parental Rights of Homeschooling Couple," Life Site News.
  13. ^ Kovacs, Stéphane (9 June 2016). "Le sort tragique d'un petit Suédois instruit à domicile". Le Figaro (in French). Retrieved 1 March 2017.
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Category:Homeschooling Category:2009 in Sweden Category:Controversies in Sweden Category:Trials regarding custody of children Category:People from Gotland Category:Swedish people of Indian descent

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