Hur framställs barnets bästa i vårdnadstvister? En kvalitativ dokumentanalys av tingsrättsdomar i vårdnadstvister
(2024) SOPB63 20241School of Social Work
- Abstract
- This study aimed to understand how "the best interest of the child" appears in court judgments and how it is motivated. More specifically, the aim is to study in what ways district courts take the child's best interest into account and how it is reflected in their judgments. Also what aspects are considered when assessing the child's best interest and if the child's individual needs and wishes are taken into consideration in the judgments? The chosen method for this study was a qualitative document analysis of 24 different custody dispute cases from four district courts in Sweden. To analyze our result we used the theory of translations (Rövik, 2000) and Shier's participation model (2001). The study showed that the best interest of the... (More)
- This study aimed to understand how "the best interest of the child" appears in court judgments and how it is motivated. More specifically, the aim is to study in what ways district courts take the child's best interest into account and how it is reflected in their judgments. Also what aspects are considered when assessing the child's best interest and if the child's individual needs and wishes are taken into consideration in the judgments? The chosen method for this study was a qualitative document analysis of 24 different custody dispute cases from four district courts in Sweden. To analyze our result we used the theory of translations (Rövik, 2000) and Shier's participation model (2001). The study showed that the best interest of the child requires a comprehensive assessment based on the specific case, influenced by many more aspects. It therefore becomes problematic to describe objective circumstances that the court considers in a custody dispute, apart from violence and abuse which are included in a risk assessment. In cases where one parent was awarded sole custody, the principle of continuity and the suitability of the parents weighed heavily and were justified based on reasoning about the best interest of the child. Both children and parents are at risk of being negatively affected, both physically and psychologically, by conflicts between the custodial parents. What is in the best interest of the child in these specific situations is a subjective matter of interpretation left to the individual assessor. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/9160453
- author
- Sköldestig, Filippa LU and Alberts, Maria LU
- supervisor
-
- David Hoff LU
- organization
- course
- SOPB63 20241
- year
- 2024
- type
- M2 - Bachelor Degree
- subject
- keywords
- barnets bästa, barnets bästa i Sverige, barnets röst, vårdnadstvist, children's rights, custody disputes, the best interests of the child, barnperspektiv, barnrättsperspektiv, barnrätt
- language
- Swedish
- id
- 9160453
- date added to LUP
- 2024-06-10 09:05:18
- date last changed
- 2024-06-10 09:05:18
@misc{9160453,
abstract = {{This study aimed to understand how "the best interest of the child" appears in court judgments and how it is motivated. More specifically, the aim is to study in what ways district courts take the child's best interest into account and how it is reflected in their judgments. Also what aspects are considered when assessing the child's best interest and if the child's individual needs and wishes are taken into consideration in the judgments? The chosen method for this study was a qualitative document analysis of 24 different custody dispute cases from four district courts in Sweden. To analyze our result we used the theory of translations (Rövik, 2000) and Shier's participation model (2001). The study showed that the best interest of the child requires a comprehensive assessment based on the specific case, influenced by many more aspects. It therefore becomes problematic to describe objective circumstances that the court considers in a custody dispute, apart from violence and abuse which are included in a risk assessment. In cases where one parent was awarded sole custody, the principle of continuity and the suitability of the parents weighed heavily and were justified based on reasoning about the best interest of the child. Both children and parents are at risk of being negatively affected, both physically and psychologically, by conflicts between the custodial parents. What is in the best interest of the child in these specific situations is a subjective matter of interpretation left to the individual assessor.}},
author = {{Sköldestig, Filippa and Alberts, Maria}},
language = {{swe}},
note = {{Student Paper}},
title = {{Hur framställs barnets bästa i vårdnadstvister? En kvalitativ dokumentanalys av tingsrättsdomar i vårdnadstvister}},
year = {{2024}},
}