"Barnets bästa" - En kvalitativ studie av svenska vårdnadsdomar
(2021) SOPA63 20202School of Social Work
- Abstract
- The aim of this essay is to investigate to which extent the child's voice is heard in custody judgments, based upon the fact that the child's best interest is required by Swedish law to be fundamental in the assessments concerning children. This has become more relevant since the 1:st of January in 2020 when the United Nations Convention on the Rights of the Child became Swedish law. We have used a qualitative method where we studied documents in the form of 25 custody judgments. The judgments were chosen through a goal-directed selection, in which suitability for the study was key.
The elements that have been demonstrated through the study as central to the concept of the child's best interest include continuity, joint custody as the... (More) - The aim of this essay is to investigate to which extent the child's voice is heard in custody judgments, based upon the fact that the child's best interest is required by Swedish law to be fundamental in the assessments concerning children. This has become more relevant since the 1:st of January in 2020 when the United Nations Convention on the Rights of the Child became Swedish law. We have used a qualitative method where we studied documents in the form of 25 custody judgments. The judgments were chosen through a goal-directed selection, in which suitability for the study was key.
The elements that have been demonstrated through the study as central to the concept of the child's best interest include continuity, joint custody as the norm, age and maturity of the child and parental alienation. The theoretical tools used for the analysis are sociology of law and sociology of childhood. With the help of these, it has been established in the study that the concept of the child's best interests is insufficiently defined, where the professionals ultimately possess the power to define the content of the concept. Thereby the values and knowledge of the professionals have been shown to have a great influence on the definition of the term. Furthermore, results in the study have shown that the Convention on the Rights of the Child has not yet begun to be referred to as a law in the custody judgements included in this study. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/9036631
- author
- Lönnqvist, Beatrice LU and Gauffin, Corinne LU
- supervisor
- organization
- course
- SOPA63 20202
- year
- 2021
- type
- M2 - Bachelor Degree
- subject
- keywords
- Custody dispute, rights of the child, childhood sociology, sociology of law, Convention on the Rights of the Child
- language
- Swedish
- id
- 9036631
- date added to LUP
- 2021-01-20 09:15:35
- date last changed
- 2021-01-28 10:07:07
@misc{9036631,
abstract = {{The aim of this essay is to investigate to which extent the child's voice is heard in custody judgments, based upon the fact that the child's best interest is required by Swedish law to be fundamental in the assessments concerning children. This has become more relevant since the 1:st of January in 2020 when the United Nations Convention on the Rights of the Child became Swedish law. We have used a qualitative method where we studied documents in the form of 25 custody judgments. The judgments were chosen through a goal-directed selection, in which suitability for the study was key.
The elements that have been demonstrated through the study as central to the concept of the child's best interest include continuity, joint custody as the norm, age and maturity of the child and parental alienation. The theoretical tools used for the analysis are sociology of law and sociology of childhood. With the help of these, it has been established in the study that the concept of the child's best interests is insufficiently defined, where the professionals ultimately possess the power to define the content of the concept. Thereby the values and knowledge of the professionals have been shown to have a great influence on the definition of the term. Furthermore, results in the study have shown that the Convention on the Rights of the Child has not yet begun to be referred to as a law in the custody judgements included in this study.}},
author = {{Lönnqvist, Beatrice and Gauffin, Corinne}},
language = {{swe}},
note = {{Student Paper}},
title = {{"Barnets bästa" - En kvalitativ studie av svenska vårdnadsdomar}},
year = {{2021}},
}