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Barns bästa och rätt att uttrycka sin vilja i vårdnadsmål: En kvalitativ studie om rättens beaktande av barns bästa och delaktighet i domslut gällande vårdnadstvister

Almgren, Vera LU and Hedin Simonsson, Linn LU (2024) SOPB63 20241
School of Social Work
Abstract
This study focuses on custody cases in Sweden, especially examining how children’s involvement is addressed in custody, residence, and visitation judgments. By analyzing court decisions and corresponding district court rulings after Sweden’s 2020 implementation of the United Nations Convention on the Rights of the Child (UNCRC) and especially referring to UNCRC articles 3 and 12. Through qualitative text analysis, we examined court decisions. Data was collected from legal documents such as court rulings from different district courts in the south of Sweden. The study reveals that the child’s participation and opinions in court decisions, despite the legal requirement that the child’s best interests should be paramount, are seldom fully... (More)
This study focuses on custody cases in Sweden, especially examining how children’s involvement is addressed in custody, residence, and visitation judgments. By analyzing court decisions and corresponding district court rulings after Sweden’s 2020 implementation of the United Nations Convention on the Rights of the Child (UNCRC) and especially referring to UNCRC articles 3 and 12. Through qualitative text analysis, we examined court decisions. Data was collected from legal documents such as court rulings from different district courts in the south of Sweden. The study reveals that the child’s participation and opinions in court decisions, despite the legal requirement that the child’s best interests should be paramount, are seldom fully considered, with a greater focus often placed on ensuring the child’s safety and stability. To enhance children’s participation in custody processes, the legal system must better integrate the child’s perspective. It is crucial to create a safer environment for child interviews and for social services and courts to adapt their methods to ensure that the child’s voice is heard and meaningfully considered. (Less)
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author
Almgren, Vera LU and Hedin Simonsson, Linn LU
supervisor
organization
course
SOPB63 20241
year
type
M2 - Bachelor Degree
subject
keywords
the best interests of the child, child participation, custody cases, children's maturity, UNCRC, the parental code, barns bästa, barns deltagande, barns ålder och mognad, barnkonventionen, föräldrabalken
language
Swedish
id
9161019
date added to LUP
2024-06-14 16:40:17
date last changed
2024-06-14 16:40:17
@misc{9161019,
  abstract     = {{This study focuses on custody cases in Sweden, especially examining how children’s involvement is addressed in custody, residence, and visitation judgments. By analyzing court decisions and corresponding district court rulings after Sweden’s 2020 implementation of the United Nations Convention on the Rights of the Child (UNCRC) and especially referring to UNCRC articles 3 and 12. Through qualitative text analysis, we examined court decisions. Data was collected from legal documents such as court rulings from different district courts in the south of Sweden. The study reveals that the child’s participation and opinions in court decisions, despite the legal requirement that the child’s best interests should be paramount, are seldom fully considered, with a greater focus often placed on ensuring the child’s safety and stability. To enhance children’s participation in custody processes, the legal system must better integrate the child’s perspective. It is crucial to create a safer environment for child interviews and for social services and courts to adapt their methods to ensure that the child’s voice is heard and meaningfully considered.}},
  author       = {{Almgren, Vera and Hedin Simonsson, Linn}},
  language     = {{swe}},
  note         = {{Student Paper}},
  title        = {{Barns bästa och rätt att uttrycka sin vilja i vårdnadsmål: En kvalitativ studie om rättens beaktande av barns bästa och delaktighet i domslut gällande vårdnadstvister}},
  year         = {{2024}},
}