Vilken påverkan har barnets vilja i tvister gällande vårdnad, boende och umgänge? Analys av tingsrättsdomar från 2019 & 2020

Sammanfattning: The aim of this study was to examine how the Swedish Court takes the will of the child in consideration, regarding legal decisions during custody disputes. Eight documented rulings have been reviewed from 2019 and 2020. A thematic content analysis has been made on eight of the rulings. The purpose of the analysis was to interpret the ruling decision process in the light of Convention on the rights of the child, article 12. The result of the study indicates that the court in very few cases allows the child to express their will and choose to consider the will in the decision process. The results have been analysed with institutional logics and space of action, the two theories focus on the individual working and acting in a bigger work field containing rules and laws to follow. The analysis concluded that there is a space of action for the court to act in, but they more often operate within the rule of law, most likely following a lack of knowledge of the child as a growing individual. Article 12 leaves the interpret having to rely on their own knowledge when interpreting. The social construct of the child as an individual in need of protection is something that impacts the court. In all cases is the will of the child expressed by a representative, which could both be a disadvantage for the child, or it could help the child to get their will into consideration since age and maturity is a factor impacting the consideration of the child's will.