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Tolkning av barnets bästa i vårdnadstvister särskilt i mål T 11396-17 
Karlstad University, Faculty of Arts and Social Sciences (starting 2013), Karlstad Business School (from 2013).
Karlstad University, Faculty of Arts and Social Sciences (starting 2013), Karlstad Business School (from 2013).
2019 (Swedish)Independent thesis Basic level (degree of Bachelor), 10 credits / 15 HE creditsStudent thesisAlternative title
Interpretation of the principle best interests of the child in custody disputes especially in case T 11396-17 (English)
Abstract [en]

A child's best interest is a subject that affects many people, not least in custody battles. The

United Nations Convention on the Rights of the Child and national legislation in, for example,

the Children and Parents Code aims to protect and strengthen children's legal status in society

and in custody disputes. Despite this, the number of custody disputes increases and it is the

children who are most affected by the parents' conflicts.

It is not always easy for the court to determine what is a child's best interest in an objective

manner. Often there is a certain degree of subjectivity in the assessment. Many times,

different interests, which the court has to decide on, conflict with each other. Through the

legal doctrinal method, we have described the source of law and reported the applicable law

in relation to the legal provisions relevant to the thesis. We have chosen to start from a

recently settled and reported court case to investigate the problem and the complexity of

determining the child's best interests when several factors play a role. In the current court

case, the joint custody was dissolved and the father was entrusted with sole custody custody

even though he was previously convicted of assault by both children and did not meet it for

five years, because the mother failed to ensure that the children had had contact with their

father and thus committed so-called visitation interference. The Court considered that the risk

of children growing up without the right of both their parents weighed heavier than the

principle of continuity, which otherwise is strongly rooted in practice. Through this

investigation, and particularly by having the opportunity to examine the large volume of

documents received from the Court, we have gained a deeper understanding of the Court of

Appeal's judgment even though we do not agree with its correctness in all parts. Review

dispensation was denied by the Supreme Court, but our personal opinion is that more

guidance is needed on the subject for the future. The legislator has proposed how the child's

best interests through a legislative amendment should be further strengthened, this by the

principle of not only expressing decisions concerning the child but also having an impact on

all issues concerning the child in custody purposes.

Place, publisher, year, edition, pages
2019. , p. 44
Keywords [sv]
Barnets bästa, mål T 11396-17, vårdnadstvist, familjerätt, umgängessabotage, barnmisshandel, riskbedömning, socialnämnden, SOU 2017:6, familjerätten, kapitel 6 föräldrabalken.
National Category
Law and Society
Identifiers
URN: urn:nbn:se:kau:diva-73082OAI: oai:DiVA.org:kau-73082DiVA, id: diva2:1330981
Subject / course
Law
Educational program
Study Programme in Jurisprudence (180 ECTS credits)
Supervisors
Examiners
Available from: 2019-06-26 Created: 2019-06-26 Last updated: 2019-06-26Bibliographically approved

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CiteExportLink to record
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