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Barnets bästa – En uppsats om barnets rätt till bonusföräldern

Savi, Helena LU and Dahlqvist, Katarina LU (2009) SOPA63 20091
School of Social Work
Abstract
Abstract
Authors: Katarina Dahlqvist, Helena Paulsson
Title: Best interests of the child – An essay on the child's right to the stepparent
Supervisor: Maria Bangura Arvidsson
Assessor: Anders Östnäs
Our work started in Föräldrabalken 6:9, 1 pcs, which says that if parents have joint custody and should one of them die the custody goes to the other parent. This reason finds its right in the core of the family, where both legal guardians live along with the child/ children. But today many children live in a reconstituted family with alternate housing on every other weekend, with half-brothers/-sisters from mother and father. The reconstituted families often contain a bonusparent as well, before referred to as a stepparent. Sweden is... (More)
Abstract
Authors: Katarina Dahlqvist, Helena Paulsson
Title: Best interests of the child – An essay on the child's right to the stepparent
Supervisor: Maria Bangura Arvidsson
Assessor: Anders Östnäs
Our work started in Föräldrabalken 6:9, 1 pcs, which says that if parents have joint custody and should one of them die the custody goes to the other parent. This reason finds its right in the core of the family, where both legal guardians live along with the child/ children. But today many children live in a reconstituted family with alternate housing on every other weekend, with half-brothers/-sisters from mother and father. The reconstituted families often contain a bonusparent as well, before referred to as a stepparent. Sweden is considered as a country that shows development of law regulation but in this question of legislation, Sweden is considered a nation that is behind. The central rule in Danish law says, the surviving relative, the parent remains single-handedly the guardian about parental responsibility which was joint. The rule is flexible and can be broken, considering what’s best for the child.
The aim of our essay was to examine the child's relation to the stepparent, relating to today's new family constellations on the basis of a legal perspective. It is a qualitative study; eight qualitative interviews has been conducted, with attorneys/lawyers and social workers. All of our interviewees had arguments that concerned the child's best interest, however during the situation, it is a biological parent that disputes custody, but if it is about the bonusparent the rules change. Our study showed that the biological parent has a big scope legally about what is considered the child's best interest. All the interviewees took consideration regarding the child's interest but the interpretations differed. What we could see from our interviews was that there were differences in what one considered the child's best interest.
Keywords: The best interests of the child; Convention on the Rights of the Child; Family law division; Custody, Bonusparent; Stepparent; Social worker; Attorney; Lawyer
Nyckelord: Barnets bästa; Barnkonventionen; Familjerätt; Vårdnad av barn; Bonusförälder; Styvförälder; Familjerättssekretare; Socialsekreterare; Advokat; Jurist (Less)
Please use this url to cite or link to this publication:
author
Savi, Helena LU and Dahlqvist, Katarina LU
supervisor
organization
alternative title
Best interests of the child – An essay on the child's right to the stepparent
course
SOPA63 20091
year
type
M2 - Bachelor Degree
subject
keywords
The best interests of the child, Convention on the Rights of the Child, Family law division, Custody, Bonusparent, Stepparent, Attorney, Social worker, Lawyer Barnets bästa, Barnkonventionen, Familjerätt, Vårdnad av barn, Bonusförälder, Styvförälder, Familjerättssekretare, Advokat, Jurist, Socialsekreterare
language
Swedish
id
1418971
date added to LUP
2009-06-17 10:46:57
date last changed
2009-06-17 10:46:57
@misc{1418971,
  abstract     = {{Abstract
Authors: Katarina Dahlqvist, Helena Paulsson
Title: Best interests of the child – An essay on the child's right to the stepparent
Supervisor: Maria Bangura Arvidsson
Assessor: Anders Östnäs
Our work started in Föräldrabalken 6:9, 1 pcs, which says that if parents have joint custody and should one of them die the custody goes to the other parent. This reason finds its right in the core of the family, where both legal guardians live along with the child/ children. But today many children live in a reconstituted family with alternate housing on every other weekend, with half-brothers/-sisters from mother and father. The reconstituted families often contain a bonusparent as well, before referred to as a stepparent. Sweden is considered as a country that shows development of law regulation but in this question of legislation, Sweden is considered a nation that is behind. The central rule in Danish law says, the surviving relative, the parent remains single-handedly the guardian about parental responsibility which was joint. The rule is flexible and can be broken, considering what’s best for the child.
The aim of our essay was to examine the child's relation to the stepparent, relating to today's new family constellations on the basis of a legal perspective. It is a qualitative study; eight qualitative interviews has been conducted, with attorneys/lawyers and social workers. All of our interviewees had arguments that concerned the child's best interest, however during the situation, it is a biological parent that disputes custody, but if it is about the bonusparent the rules change. Our study showed that the biological parent has a big scope legally about what is considered the child's best interest. All the interviewees took consideration regarding the child's interest but the interpretations differed. What we could see from our interviews was that there were differences in what one considered the child's best interest.
Keywords: The best interests of the child; Convention on the Rights of the Child; Family law division; Custody, Bonusparent; Stepparent; Social worker; Attorney; Lawyer
Nyckelord: Barnets bästa; Barnkonventionen; Familjerätt; Vårdnad av barn; Bonusförälder; Styvförälder; Familjerättssekretare; Socialsekreterare; Advokat; Jurist}},
  author       = {{Savi, Helena and Dahlqvist, Katarina}},
  language     = {{swe}},
  note         = {{Student Paper}},
  title        = {{Barnets bästa – En uppsats om barnets rätt till bonusföräldern}},
  year         = {{2009}},
}