Skip to main content

LUP Student Papers

LUND UNIVERSITY LIBRARIES

En pappa som slår - En innehållsanalys av domslut i vårdnadstvister där det framkommit uppgifter om våld

Lindgren, Agnes LU and Blomdahl, Mikaela LU (2014) SOPA63 20132
School of Social Work
Abstract
Abstract
The aim of this research was to peruse the verdicts of custody disputes were violence against the mother has occurred. In 2005, a study by Barnombudsmannen presented a result that showed that 43 % of custody disputes were domestic violence occurred was convicted joint custody. The result leaded to a restriction of Swedish family law in 2006. This study therefor aims to examine how the court motivates their decisions in custody issues today. In the accurate Swedish section of family law the central purpose is to see to the child´s best interest. On the one hand the court must judge the risk of abuse posed to the child or anyone close to it, furthermore the importance for the child to have a close relation to both caregiver. This... (More)
Abstract
The aim of this research was to peruse the verdicts of custody disputes were violence against the mother has occurred. In 2005, a study by Barnombudsmannen presented a result that showed that 43 % of custody disputes were domestic violence occurred was convicted joint custody. The result leaded to a restriction of Swedish family law in 2006. This study therefor aims to examine how the court motivates their decisions in custody issues today. In the accurate Swedish section of family law the central purpose is to see to the child´s best interest. On the one hand the court must judge the risk of abuse posed to the child or anyone close to it, furthermore the importance for the child to have a close relation to both caregiver. This was done by studying 379 court verdicts from three different courts between 2011 and 2013 in which parents did not agree on custody. In 19 of these court verdicts, domestic violence occurred.
The research showed that there are numerous factors in custody disputes that are important and affects the district court's assessment of the custody issue. The child´s best interest is an individual and complex concept and it is therefore difficult to make any generalization of what is required to enable the district court judge for joint or sole custody. The study showed that in 26 % of our cases, the court judged for joint custody. This shows a decrease in judging joint custody maybe as an effect of the change of law in 2006. (Less)
Please use this url to cite or link to this publication:
author
Lindgren, Agnes LU and Blomdahl, Mikaela LU
supervisor
organization
course
SOPA63 20132
year
type
M2 - Bachelor Degree
subject
keywords
violence against women, domestic violence, custody disputes, child’s best interests, joint custody and sole custody
language
Swedish
id
4254898
date added to LUP
2014-01-28 14:09:23
date last changed
2014-01-28 14:09:23
@misc{4254898,
  abstract     = {{Abstract
The aim of this research was to peruse the verdicts of custody disputes were violence against the mother has occurred. In 2005, a study by Barnombudsmannen presented a result that showed that 43 % of custody disputes were domestic violence occurred was convicted joint custody. The result leaded to a restriction of Swedish family law in 2006. This study therefor aims to examine how the court motivates their decisions in custody issues today. In the accurate Swedish section of family law the central purpose is to see to the child´s best interest. On the one hand the court must judge the risk of abuse posed to the child or anyone close to it, furthermore the importance for the child to have a close relation to both caregiver. This was done by studying 379 court verdicts from three different courts between 2011 and 2013 in which parents did not agree on custody. In 19 of these court verdicts, domestic violence occurred. 
The research showed that there are numerous factors in custody disputes that are important and affects the district court's assessment of the custody issue. The child´s best interest is an individual and complex concept and it is therefore difficult to make any generalization of what is required to enable the district court judge for joint or sole custody. The study showed that in 26 % of our cases, the court judged for joint custody. This shows a decrease in judging joint custody maybe as an effect of the change of law in 2006.}},
  author       = {{Lindgren, Agnes and Blomdahl, Mikaela}},
  language     = {{swe}},
  note         = {{Student Paper}},
  title        = {{En pappa som slår - En innehållsanalys av domslut i vårdnadstvister där det framkommit uppgifter om våld}},
  year         = {{2014}},
}