British father fights Swedish deportation order to stay with baby son

A British father in Sweden faces deportation after losing his court appeal. Simon Montgomery has shared custody of his 17-month-old son, River. The child's mother is a German citizen living in Sweden.

The Swedish Migration Agency rejected Montgomery's residency application in December 2025. The Swedish Migration Court upheld the rejection in September 2026.

The court ruled Montgomery can maintain contact through visa-free visits from Britain. Judges noted the child breastfeeds at night and does not sleep at his father's home. They decided state immigration controls outweighed the father's presence.

Swedish law emphasizes the child's best interest, known as barnets bästa. Montgomery argues the deportation ruling contradicts this principle.

Montgomery could not leave Sweden during his appeal without risking a re-entry ban. He spent Christmas alone in Sweden and could not visit his 98-year-old grandmother.

The legal battle caused heavy financial losses for the professional photographer. He lost tens of thousands of euros in international work. He spent his personal savings on legal fees instead of a home.

Montgomery requested an oral hearing, but the court held a closed session. Local Swedish friends and family workers expressed shock at the ruling. Montgomery is now pursuing a second appeal.