Global ETD Search

1	Barnets bästa i fokus? : En studie av tingsrättens domar i vårdnadstvister Milkovic, Dejana, Dolovac, Azra January 2012 (has links) The purpose of this law-sociological study was to, on the basis of the District Court's decree to single custody, analyze the District Court’s comprehensive ideas and fall-oriented interpretations of the concept of the best interest of the child and the way they are constructed in connection with the District Court's application of the new law regulation of 6kap. 5§ FB regarding collaboration between parents. Our empirical data consisted of ten decrees to single custody. The decrees were examined and analyzed on the basis of social constructionism as a theory and the idea-analysis as the study's method. Legal sources such as law and its legislative history and the law inSwedenandScandinaviain general, with both domestic and international previous research, gave us initial knowledge in the area which gradually grew during the study. Results show that sweeping presumptions for single custody, with vague connections between single child's best interest and decisions about single custody based on the parents' lack of cooperation, can be glimpsed in several of the judges' texts. The District Court’s ideas/interpretations of the concept of the best interest of the child reach for the most part in the decrees where an individual assessment has been made. Custody custody battle single custody children’s rights best interest of the child child’s perspective parent’s perspective Vårdnad vårdnadstvist ensam vårdnad barnets rättigheter barnets bästa barnperspektiv föräldraperspektiv
2	Barnets Bästa : – om rättssäkerhet i Högsta domstolens vårdnadstvister Malmborg, Anneli January 2013 (has links) The purpose of this study was to explore if and how the Swedish Supreme Court are using the concept “the child’s best interest”. This concept is used a lot in Swedish legislation, but it needs interpretation every time it´s used and is often perceived as unclear. This makes it interesting to see how this affects the individual child´s legal rights. Furthermore I want to see if the Supreme Court listen to the child´s own opinion and if not, are there any justifications to why not. The study has a quantitative starting point, where I have gone through a number of judgments and then chosen seven out of a qualitative point where there has been a discussion from the Supreme Court around the individual and the best interest of the child for the individual child and the methods of analysis used in this study are social constructionism, legal sociology and analysis of the idea. The study shows a lack of consistency among the professionals of what the concept really stands for, which negatively affects the legal rights for the individual child. The solution is a closer collaboration between social workers, judges and lawyers to make the concept clearer and more applicable. custody custody battle single custody children’s rights best interest of the child child’s perspective parent’s perspective convention on the rights of the child conflict vårdnad vårdnadstvist ensam vårdnad barnets rättigheter barnets bästa barnperspektiv föräldraperspektiv barnkonventionen konflikt

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Barnets bästa i fokus? : En studie av tingsrättens domar i vårdnadstvister

Barnets Bästa : – om rättssäkerhet i Högsta domstolens vårdnadstvister