Konstruktioner av mödrar och fäder i vårdnadstvister: En diskursanalys av sociala konstruktioner i svenska domar

Sammanfattning: The purpose of the study is to examine how mothers and fathers are treated in Swedish judgments in custody disputes and whether this affects the child's possibility of a relationship with both his parents. Based on gender theory by Yvonne Hirdman (2001) and the theoretical concept of social constructivism and a discourse analysis we examine if formal- and informal constructions of mothers and fathers are based on gender and if formal- and informal constructions affect the assessment of a good guardian and the child's best interests. Ten court judgments have been selected, of which half where the mother has received sole custody and half where the father has received sole custody of their child. The study shows that prevailing formal- and informal constructions in society about gender, parenthood and the best interests of the child are created and recreated in judgments in custody disputes. The treatment between mothers and fathers differs and can be linked to constructions about men and women as well as the norm about the mother's biological and historical role as caregiver based on Hirdman's (2001) gender theory. The study also shows that there is a superior norm about joint custody and keeping siblings together, which according to the formal constructions is considered to be the child's best interests but can cause the child to get caught between the parents and in the dispute. The parents must thus relate to the formal- and informal constructions about gender, parenthood, motherhood and fatherhood, as well as provisions about the best interests of the child. These normative views can affect the child's ability to have a relationship with both parents and the best interests of the child in the individual case.