Hur barns åsikter beaktas och tillmäts betydelse i tingsrättens bedömning av umgänge: Med inriktning på de fall där barn uttrycker en vilja att inte ha umgänge med en förälder
2025 (Swedish)Independent thesis Basic level (degree of Bachelor), 10 credits / 15 HE credits
Student thesisAlternative title
How children's views are considered and given importance in district court assessments of contact : Focusing on cases where the child expresses a wish not to have contact with a parent (English)
Abstract [en]
This study aims to provide a deeper understanding of how children’s views are considered and given importance in court cases concerning contact arrangements, particularly when the child expresses a wish not to have contact with a parent. With the background of tragic events, such as the Tintin case where a young boy lost his life, this study seeks to raise questions about how courts address the need for protection and the child’s own will. This study uses a qualitative approach and analyzes 11 district court cases where children opposed contact with a parent. The sample consists of 18 children between the ages of 6 and 14. The analysis is guided by Dahlstrand’s model of children’s participation in court cases and the new sociology of childhood’s view of children as competent actors. The findings show that in all 11 cases the children’s views are presented through adults and never directly by the children themselves. This may lead to their views getting filtered or reinterpreted. In 8 of the 11 cases the court decides in line with the child’s expressed will, giving the child the role of co-actor. In the remaining 3 cases, where the decision goes against the child’s will, the child is primarily given the role of informant. A decisive factor which determines the level of importance given to the child’s views is their age. Older children’s views are more often taken into account, while younger children’s views are generally considered together with other circumstances. Although the courts are supposed to judge the children’s level of participation through their age and maturity, the courts rarely mention maturity as a criterion and often base it only on their age.
Place, publisher, year, edition, pages
2025.
Keywords [en]
Children's voices, the best interests of the child, contact, district court, family law, age and maturity
National Category
Social Work
Identifiers
URN: urn:nbn:se:lnu:diva-140028OAI: oai:DiVA.org:lnu-140028DiVA, id: diva2:1974956
Subject / course
Social Work
Educational program
Social Work Study Programme, 210 credits
Supervisors
Examiners
2025-06-262025-06-232025-06-26Bibliographically approved