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Barnets bästa - enligt vem? En rättssociologisk studie om hur begreppet barnets bästa tolkas och tillämpas i familjerättsliga processer

Erdfelt, My LU and Eilts, Marielle LU (2010) SOPA63 20101
School of Social Work
Abstract
According to the Convention on the Rights of the Child (CRC) in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child should be a primary consideration (CRC article 3 p. 1). However, it is not regulated in the law or in CRC what is considered to be the child´s best interest. Instead, it is stressed as a general and overarching principle. With this in mind, the aim was to investigate how the family law and the district court define the child´s best interests and how they apply it in their work. The purpose of this paper was also to describe the factors underlying the decisions concerning custody,... (More)
According to the Convention on the Rights of the Child (CRC) in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child should be a primary consideration (CRC article 3 p. 1). However, it is not regulated in the law or in CRC what is considered to be the child´s best interest. Instead, it is stressed as a general and overarching principle. With this in mind, the aim was to investigate how the family law and the district court define the child´s best interests and how they apply it in their work. The purpose of this paper was also to describe the factors underlying the decisions concerning custody, residence and contact and to find out how a custody case works. The study also intended to look into the child´s participation in family law proceedings and to see how much the child´s will is taken into consideration. The investigation was based on legal sociology and was linked to the theoretical concept of discretion. The interviews were based on a vignette study with additional semistructured questions. The main outcome of the investigation was that, according to the social workers, there are different ways to define the child´s best interests and the district court needs a clearer perspective of children in family law proceedings. (Less)
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author
Erdfelt, My LU and Eilts, Marielle LU
supervisor
organization
course
SOPA63 20101
year
type
M2 - Bachelor Degree
subject
keywords
vårdnadstvist, familjerätt, vårdnadsutredning, barnets bästa, barn, vårdnad.
language
Swedish
id
1613953
date added to LUP
2010-06-10 16:41:14
date last changed
2010-06-10 16:41:14
@misc{1613953,
  abstract     = {According to the Convention on the Rights of the Child (CRC) in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child should be a primary consideration (CRC article 3 p. 1). However, it is not regulated in the law or in CRC what is considered to be the child´s best interest. Instead, it is stressed as a general and overarching principle. With this in mind, the aim was to investigate how the family law and the district court define the child´s best interests and how they apply it in their work. The purpose of this paper was also to describe the factors underlying the decisions concerning custody, residence and contact and to find out how a custody case works. The study also intended to look into the child´s participation in family law proceedings and to see how much the child´s will is taken into consideration. The investigation was based on legal sociology and was linked to the theoretical concept of discretion. The interviews were based on a vignette study with additional semistructured questions. The main outcome of the investigation was that, according to the social workers, there are different ways to define the child´s best interests and the district court needs a clearer perspective of children in family law proceedings.},
  author       = {Erdfelt, My and Eilts, Marielle},
  keyword      = {vårdnadstvist,familjerätt,vårdnadsutredning,barnets bästa,barn,vårdnad.},
  language     = {swe},
  note         = {Student Paper},
  title        = {Barnets bästa - enligt vem? En rättssociologisk studie om hur begreppet barnets bästa tolkas och tillämpas i familjerättsliga processer},
  year         = {2010},
}