The statenapping case of Domenic Johansson has gone through the Swedish lower court which ruled in favor of the parents, Christer and Annie Johansson.
In December 2012, a Swedish appeals court overturned a lower court ruling in favor of the parents and ordered the guardianship of Domenic transferred to an appointed third party. The ruling effectively terminated Annie and Christer’s parental rights over Domenic, who has now been in a foster home for nearly four years. The strain of the forced separation is inflicting unbearable pain and pressure on the family who still live on the same island just miles from where their son lives—yet they are not permitted to have any contact with him whatsoever.
Plead with the Court
HSLDA is asking homeschooling and concerned parents from all over the world to join in a letter-writing campaign to plead with the Swedish Supreme Court to take the case and to return Domenic to his parents.
Ruby Harrold-Claesson, the attorney for the family, told HSLDA that it is important that the Swedish government know that they are being watched.
“Let them know the world is watching,” Harrold-Claesson told HSLDA. “I think that it is positive that the Justices at the Supreme Court should know that the world is watching them. Shower them with emails, inundate their fax with letters. Everything—email or fax—that is sent to the court has to be registered and made available for public scrutiny.”
Contact information for the Swedish Supreme Court (Högsta domstolen):
103 12 Stockholm
Meet Domenic Johansson, State-napped in Sweden,
where bureaucrat snakes rule the welfare-state’s Eden.
Pompous agents explain:
“To complain is in vain;
The State always know what is best for all children.”
An appeals court panel in Sweden has imposed the “death penalty” on a homeschooling family, granting the state full custody of their son, who famously was “state-napped” from a jetliner in 2009 as the family prepared to move to India.
The appeals panel reversed a lower court ruling that granted Annie and Christer Johansson custody of their son, Domenic. But if the decision is not reversed again by the nation’ Supreme Court, the Johansson’s will lose their son, according to the Home School Legal Defense Association, which has been working on the case with the Alliance Defending Freedom.
The family was on board a jetliner minutes from departing Sweden for Annie’s home country of India when Domenic was seized in June 2009. The reason authorities initially gave for taking Domenic was that he had been homeschooled.
During the first months following his seizure, the parents were only permitted to visit Domenic once every two weeks. The visits soon became every five weeks, and in 2010, all visitations were cut off, HSLDA said.
“The United States Supreme Court has written that terminating parental rights is the family court equivalent of the death penalty,” HSLDA said.
The Johansson case in Sweden, the group said, “demonstrates what can happen when the family is not respected as an integral unit of society.”
In American courts, HSLDA explained, clear and convincing evidence, the civil equivalent of “beyond a reasonable doubt,” is necessary before parental rights are terminated.
It was last June when a Swedish district court said the parental rights would not be terminated. In a 23-page opinion, the court said it could not ignore the unanimous and extensive testimony of firsthand accounts of friends, family and others that Domenic Johansson was being properly cared for by his parents prior to Swedish authorities seizing him in 2009.
Michael Donnelly, HSLDA’s director for international affairs, called the latest decision “brutal.”
“After [the] district court victory we had hoped the end of this nightmare was approaching. At this point we can only hope that the Swedish Supreme Court will intervene to correct this grave injustice,” he said. “The facts have shown Annie and Christer Johansson to be good parents. It is unconscionable that a court in a democratic country like Sweden could find it is in the child’s interests to remain separated from these parents. The pain, suffering and harm done to this family are incalculable.”
An attorney for the Johansson family reported to HSLDA that the government had appealed the district court ruling continuing their parental rights.
Supporters said the toll of the “state-napping” on the family has been costly.
Ruby Harrold-Claesson, president of the Nordic Committee on Human Rights, called the decision atrocious.
“This is a despicable act,” she told HSLDA. “I don’t know how these judges can have done this. The chief judge wrote a strong dissent that I hope will make an impact on the Swedish Supreme Court. We will appeal this horrible decision.”
She reported Domenic’s mother, Annie, collapsed when the decision was announced.
“How can anyone endure this kind of torture for so long, I don’t know. It’s unbearable to see how the pride of government officials is wrecking the lives of the Johanssons and others like them. These people have broken the law by taking this boy without justification and keeping him for three-and-a-half years. It’s uncivilized.”
She said complaints about the court system’s human rights violations are being filed all over.
“Something has to be done,” she said. “Families are being trampled, and the court systems virtually always side with the social workers against families. It is a terrible situation.”
HSLDA said it would continue to fight on behalf of the family.
WND also has reported on several cases in which children were taken by authorities in Sweden over homeschooling. In one case, a private detective literally abducted back the children and reunited them with their parents, who had moved out of the country.
The conflicts over homeschooling in Sweden are getting as contentious as in Germany, where numerous families have fled their home country instead of facing the crushing fines, jail sentences and even destruction of families.
In a dramatic case involving the Romeike family, a U.S. immigration judge granted political asylum in the U.S. because of the persecution they would face if they returned to Germany. The Obama administration is appealing the ruling, seeking to send the family back.
Donnelly said what is happening in Germany and Sweden needs to be noted in the United States because of the habit officials have of adopting controversial European policies.