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Barnets vilja i tvister om vårdnad, boende och umgänge: En studie om hur barnets vilja framkommer och beaktas i svenska tingsrättsdomar
Linnaeus University, Faculty of Social Sciences, Department of Social Work.
Linnaeus University, Faculty of Social Sciences, Department of Social Work.
2017 (Swedish)Independent thesis Basic level (degree of Bachelor), 10 credits / 15 HE creditsStudent thesisAlternative title
The child's will in custody, residence and visitation disputes (English)
Abstract [en]

The aim of this study was to increase understanding of the extent to which the child's will is given in Swedish courts' overall assessments of the best interests of the child in disputes on custody, resident and visitation (VBU). 18 District Court judgments have been collected from the database Zeteo via court judgments from Sweden's six Courts of Appeal. Based on a qualitative research effort, a content analysis was conducted on the judgments. The content analysis resulted in the following three categories being identified: The court judges according to the expressed will of the child, The court judges against the expressed will of the child, and The will of the child was omitted in the district court's assessment. The results were mainly analyzed based on childhood sociological perspectives, Hart’s ladder of participation and family law regulations. The theoretical framework was used to illustrate how the child was presented and socially constructed, and what impact this had on the space the child's will was given in the court's assessments of the best interests of the child. This was then reflected in the prevailing laws. The results of the study showed that the child's will appeared in about half of the cases, and that the court judged according to the will of the child in less than one third of them. The study also showed that the court tended to question the authenticity of the will of the children whose wishes did not comply with what the court considered to be the best interests of the child. In the majority of the cases where the children’s will were not given any room in the judgment, the court generally gave no reasons why the will was not reported.

Place, publisher, year, edition, pages
2017. , p. 38
Keywords [en]
children's view, custody, resident and visitation disputes, children's right to freedom of expression, children's participation
Keywords [sv]
barns vilja, vårdnad- boende- och umgängestvister, barns rätt att komma till tals, barns delaktighet
National Category
Social Work
Identifiers
URN: urn:nbn:se:lnu:diva-64939OAI: oai:DiVA.org:lnu-64939DiVA, id: diva2:1106608
Subject / course
Social Work
Educational program
Social Work Study Programme, 210 credits
Supervisors
Examiners
Available from: 2017-06-21 Created: 2017-06-07 Last updated: 2017-06-21Bibliographically approved

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Vilander, CarolinJohansson, Evelina
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CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • harvard1
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf