En pappa som slår - En innehållsanalys av domslut i vårdnadstvister där det framkommit uppgifter om våld

Sammanfattning: Abstract The aim of this research was to peruse the verdicts of custody disputes were violence against the mother has occurred. In 2005, a study by Barnombudsmannen presented a result that showed that 43 % of custody disputes were domestic violence occurred was convicted joint custody. The result leaded to a restriction of Swedish family law in 2006. This study therefor aims to examine how the court motivates their decisions in custody issues today. In the accurate Swedish section of family law the central purpose is to see to the child´s best interest. On the one hand the court must judge the risk of abuse posed to the child or anyone close to it, furthermore the importance for the child to have a close relation to both caregiver. This was done by studying 379 court verdicts from three different courts between 2011 and 2013 in which parents did not agree on custody. In 19 of these court verdicts, domestic violence occurred. The research showed that there are numerous factors in custody disputes that are important and affects the district court's assessment of the custody issue. The child´s best interest is an individual and complex concept and it is therefore difficult to make any generalization of what is required to enable the district court judge for joint or sole custody. The study showed that in 26 % of our cases, the court judged for joint custody. This shows a decrease in judging joint custody maybe as an effect of the change of law in 2006.