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Att navigera bedömningen av Barnets Bästa: En studie om domstolens handlingsutrymme i vårdnadstvister

Rickardsson, Ida LU and Olsson, Alva LU (2024) RÄSK02 20241
Department of Sociology of Law
Abstract
The purpose of this paper is to investigate how the principle of the best interest of the child is applied in custody disputes. Since the principle has no distinct legal definition, the district court has room to interpret what they consider to be the best interest of the child in each individual case. A qualitative content analysis has been conducted to achieve the purpose of the study, which has been designed to examine how the principle of the best interest of the child is defined and argued for in custody disputes. Arguments regarding discretion noticed in both Lipsky's and Dworkin's theory of discretion, together with Petrażycki’s theory about intuitive law, will form the theoretical framework of the study. The theoretical framework... (More)
The purpose of this paper is to investigate how the principle of the best interest of the child is applied in custody disputes. Since the principle has no distinct legal definition, the district court has room to interpret what they consider to be the best interest of the child in each individual case. A qualitative content analysis has been conducted to achieve the purpose of the study, which has been designed to examine how the principle of the best interest of the child is defined and argued for in custody disputes. Arguments regarding discretion noticed in both Lipsky's and Dworkin's theory of discretion, together with Petrażycki’s theory about intuitive law, will form the theoretical framework of the study. The theoretical framework will be applied in the analysis to study the results. The results and analysis are based on different themes related to the best interest of the child, which for example includes the child’s opinion and the principle of continuity. The findings indicate a range of discretion based on differing definitions of the best interest of the child both among similar cases and within the same case. The conclusion of the study illustrates how the principle of the best interest of the child can be applied differently due to the individual discretion provided by the law. (Less)
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author
Rickardsson, Ida LU and Olsson, Alva LU
supervisor
organization
course
RÄSK02 20241
year
type
M2 - Bachelor Degree
subject
keywords
Barnets bästa, Barnkonventionen, Handlingsutrymme, Tingsrätt, Vårdnadstvist
language
Swedish
id
9167318
date added to LUP
2024-07-09 14:11:48
date last changed
2024-07-09 14:11:48
@misc{9167318,
  abstract     = {{The purpose of this paper is to investigate how the principle of the best interest of the child is applied in custody disputes. Since the principle has no distinct legal definition, the district court has room to interpret what they consider to be the best interest of the child in each individual case. A qualitative content analysis has been conducted to achieve the purpose of the study, which has been designed to examine how the principle of the best interest of the child is defined and argued for in custody disputes. Arguments regarding discretion noticed in both Lipsky's and Dworkin's theory of discretion, together with Petrażycki’s theory about intuitive law, will form the theoretical framework of the study. The theoretical framework will be applied in the analysis to study the results. The results and analysis are based on different themes related to the best interest of the child, which for example includes the child’s opinion and the principle of continuity. The findings indicate a range of discretion based on differing definitions of the best interest of the child both among similar cases and within the same case. The conclusion of the study illustrates how the principle of the best interest of the child can be applied differently due to the individual discretion provided by the law.}},
  author       = {{Rickardsson, Ida and Olsson, Alva}},
  language     = {{swe}},
  note         = {{Student Paper}},
  title        = {{Att navigera bedömningen av Barnets Bästa: En studie om domstolens handlingsutrymme i vårdnadstvister}},
  year         = {{2024}},
}