Barnets vilja och rätten att komma till tals i vårdnadstvister

Detta är en Kandidat-uppsats från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Sammanfattning: In the modern society where divorces are common, difficult questions about custody can arise. Even though most people solve the conflicts either alone or come to agreements with the help of the court, there will be times where a courts order is necessary. This essay is about the material assessment the judges have to make in a case about custody. The judge’s primary consideration in these matters is supposed to be the child’s best interest. The child’s own view in the matter shall also be given weight. This is according to the main articles in UN convention on the Rights of the Child, which Sweden have ratified but not yet incorporated. This essays focus is to give an explanation to what the child’s best interest is and how much weight is given to the child’s own views in the matter of custody. Also whether there is a right for the child’s own views to be expressed in according to Swedish law. It was quite obvious that the area in question is rather vague and not at all easy to define. The conclusion is that the rules are supposed to be that way to make it possible for individual judgements which focuses on the child’s best in that particular case. A child’s best is going to vary depending on what needs and circumstances are surrounding that child. Even though this is something necessary it also leads to a somewhat unpredictable field of Swedish family law.

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