@misc{9227145,
  abstract     = {{Until 1976, parents’ options for joint custody were limited. This type of child custody was only permitted for married parents living together. Since then, the rules on joint custody have undergone extensive reform.
This thesis examines whether the view of joint custody has changed over time in Swedish law. This is done through two sub-studies. The first sub-study is legal-dogmatic and addresses how parents can obtain joint custody, as well as how this type of child custody is affected in the event of a divorce or separation. This section also outlines the circumstances that the court must consider when examining the custody issue and its authority to decide on joint custody. The second sub-study is legal-historical and describes the views on joint custody that have been presented in parliamentary publications and other preparatory works from 1973 up to the present day. The legal-historical study contributes to an understanding of the historical perspectives that have influenced current law. In this way, the two-sub studies are linked.
The study reveals that the historically most prominent argument for joint custody has been that this type of child custody serves the child’s need for close and good contact with both parents. However, since 1 January 2025, the contact principle is no longer mentioned in the provision on the best interests of the child. This change was introduced despite preparatory works indicating that it could potentially lead to fewer court decisions on joint custody. The thesis concludes that there has been a shift in the view of joint custody over time. Joint custody is still described as a desirable type of child custody, and this is reflected in current law in several respects. However, the objective no longer appears to be to promote an increased use of joint custody. The interest in protecting children from harm has grown stronger.
The thesis also shows that joint custody has been described as a type of child custody that may have both conflict-reducing and conflict-inducing effects. The current legal framework can be said to reflect both perspectives. On the one hand, joint custody remains after divorce and separation to prevent further conflict between parents. On the other hand, unmarried parents do not automatically receive joint custody upon establishment of paternity, due to concerns that this could lead to more disputes. Moreover, the wording of Chapter 6, Section 5, second paragraph of the Children and Parents Code may be understood as reflecting the view that provisions on joint custody can affect the level of conflict between parents. Joint custody has also been considered to promote equal parenting. This view is still expressed today through the relatively simple procedures offered to unmarried parents who agree to establish joint custody.}},
  author       = {{Landgren, Tova}},
  language     = {{swe}},
  note         = {{Student Paper}},
  title        = {{Från skepticism till lovprisande – vad nu? - Synen på gemensam vårdnad över tid i svensk rätt}},
  year         = {{2026}},
}