Tingsrättens skyldighet att beakta barnets bästa i vårdnadstvister - en kvalitativ studie om hur tingsrätter tillämpar ett barnperspektiv i huvudförhandlingar om vårdnadstvister
(2015) SOPA63 20142School of Social Work
- Abstract
- This thesis examines to what extent the Swedish district court implements a child-centred perspective in custody and access disputes. The paper carefully examines case law relating to custody disputes through the means of a qualitative content analysis. The purpose of this thesis is to examine the concept of ‘the children’s perspective’ and how it is used, if used at all, by the district court. The concept has, since Sweden ratified the UN Convention on the Rights of the Child in 1990 been incorporated into the Swedish Parental Code (1949:381). This has in Sweden become commonly known as ‘the children’s perspective’ and should outweigh all other existing elements in a custody dispute.
This thesis is built on two different issues:
1) How... (More) - This thesis examines to what extent the Swedish district court implements a child-centred perspective in custody and access disputes. The paper carefully examines case law relating to custody disputes through the means of a qualitative content analysis. The purpose of this thesis is to examine the concept of ‘the children’s perspective’ and how it is used, if used at all, by the district court. The concept has, since Sweden ratified the UN Convention on the Rights of the Child in 1990 been incorporated into the Swedish Parental Code (1949:381). This has in Sweden become commonly known as ‘the children’s perspective’ and should outweigh all other existing elements in a custody dispute.
This thesis is built on two different issues:
1) How the child’s perspective is acknowledged in examined case law and,
2) What the district court characterises as the best interest of the child
The results of the study have been examined through the classic rhetorical concept of ethos, pathos and logos together with a social constructionist approach. The chosen theories describe the perception of reality as constructed (social constructionist approach) and the rhetorical side describes how a speaker may influence his audience by using a variety of evidence (ethos, pathos and logos).
In conclusion, the investigated case law has generated a coherent picture. Children are not being heard in the main proceedings of a custody dispute. There has been a clear shift of responsibility from the judiciary to the social services, in conducting what may be in the best interest of the child. The judiciary more or less obligate the social services to identify the child’s best interest and often decide custody disputes on the lines of the recommendations made by the social services. This leaves enormous responsibility upon the social services to describe and define not only the best interest of the child, as set out in Article 3 of the UNCRC but also to act as a voice of the child, as set out by Article 12. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/4937212
- author
- Ivarsson, Julia LU
- supervisor
- organization
- course
- SOPA63 20142
- year
- 2015
- type
- M2 - Bachelor Degree
- subject
- keywords
- custody battle, custody dispute, children's rights, law, child's perspective, district court, barnperspektivet, vårdnadstvist
- language
- Swedish
- id
- 4937212
- date added to LUP
- 2015-01-29 16:14:47
- date last changed
- 2015-01-29 16:14:47
@misc{4937212,
abstract = {{This thesis examines to what extent the Swedish district court implements a child-centred perspective in custody and access disputes. The paper carefully examines case law relating to custody disputes through the means of a qualitative content analysis. The purpose of this thesis is to examine the concept of ‘the children’s perspective’ and how it is used, if used at all, by the district court. The concept has, since Sweden ratified the UN Convention on the Rights of the Child in 1990 been incorporated into the Swedish Parental Code (1949:381). This has in Sweden become commonly known as ‘the children’s perspective’ and should outweigh all other existing elements in a custody dispute.
This thesis is built on two different issues:
1) How the child’s perspective is acknowledged in examined case law and,
2) What the district court characterises as the best interest of the child
The results of the study have been examined through the classic rhetorical concept of ethos, pathos and logos together with a social constructionist approach. The chosen theories describe the perception of reality as constructed (social constructionist approach) and the rhetorical side describes how a speaker may influence his audience by using a variety of evidence (ethos, pathos and logos).
In conclusion, the investigated case law has generated a coherent picture. Children are not being heard in the main proceedings of a custody dispute. There has been a clear shift of responsibility from the judiciary to the social services, in conducting what may be in the best interest of the child. The judiciary more or less obligate the social services to identify the child’s best interest and often decide custody disputes on the lines of the recommendations made by the social services. This leaves enormous responsibility upon the social services to describe and define not only the best interest of the child, as set out in Article 3 of the UNCRC but also to act as a voice of the child, as set out by Article 12.}},
author = {{Ivarsson, Julia}},
language = {{swe}},
note = {{Student Paper}},
title = {{Tingsrättens skyldighet att beakta barnets bästa i vårdnadstvister - en kvalitativ studie om hur tingsrätter tillämpar ett barnperspektiv i huvudförhandlingar om vårdnadstvister}},
year = {{2015}},
}