Umgängesstöd - en familjerättslig studie av gällande rätt och praktik

Detta är en Uppsats för yrkesexamina på avancerad nivå från Lunds universitet/Juridiska institutionen

Sammanfattning: This thesis is written within the field of family law, covering the problematic area of access right where the court decides that supervised access is going to be used in order to obtain the child’s right to meet and have contact with his or her parents. To obtain an adequate general idea about how supervised access is used, I have chosen to explore a) how the intervention is intended to work in Sweden, b) how the new requirement regarding limited time has changed the applicability regarding supervised access, c) on which occasions the court order the intervention and d) what consequences this brings to the child and parents involved. A child has certain rights in relation to his or her parents, one of them being the right to meet the parents and the right to have good contact with both the mother and the father. Adding to that, the child has a right not to be badly treated when meeting the parents, which involves problems since this is creating a difficult balance between the different rights. Because of this, supervised access is used as help and support at times of access which for some reason should be supervised. The intervention supervised access was subject to a legislative amendment in August 2010, which now means that the court can order the National Board of Health & Welfare to organize and evaluate the access intervention. A time limit of one year was also introduced, which means that if the court does not appreciate that normal access can work within a year, then supervised access should not be used and access therefore should not take place at all. This time limit involves higher requirements and demands from the investigations made by the court and the National Board of Health & Welfare since they have to appreciate how the relationship between the child and parent is going to evolve and develop for a period of time. The National Board of Health & Welfare is also responsible for following-up the access in a careful way, to ascertain that the intervention does not last longer than necessary. This essay furthermore discusses legal practice concerning risk-associated access right cases and how this risk should be assessed. Additionally, this essay studies legal practice regarding supervised access in order to illustrate how the Courts of Appeals are deliberating regarding the new supervised access legislation; when is supervised access suggested to be an appropriate action, and in which situations is it inappropriate for any right of access to occur? To assist me I have interviewed a specialist at the National Board of Health & Welfare and a judge at the District Court in Lund working within this area of the Swedish law to obtain an understanding about their reasoning regarding the work with supervised access. The child, the parent with custody and the parent who has access right often have divergent opinions regarding how this intervention should function and what the true outcome of the intervention has been. There is some relevant research showing that many processes of access are stopped as soon as the supervised access intervention is stopped. This is one of the shortcomings I will highlight in my analysis. I will also explore and comment on other difficulties related to the intervention; are the rights of parents too strong in Sweden at the expense of the child’s wishes, and is supervised access a good way to promote access between the child and parent?

  HÄR KAN DU HÄMTA UPPSATSEN I FULLTEXT. (följ länken till nästa sida)