Barnets bästa i hovrättens beslut gällande vårdnadsöverflytt

Sammanfattning: This study aimed to analyze how the Court of Appeal takes the child's best interest intoaccount when considering a custody transfer decision in favor of the family homeparents. The analysis of this study´s chosen Court of Appeal judgements were codedthrough a thematic analysis to gather recurring patterns in the Court of Appealsestablishment of the child's best interest. Some of the most recurring patterns that thestudy concluded were the child's needs, the child's own will on the basis of age andmaturity, the biological parents adequacy as well as if there had been any functioningaccess between the biological parents and the child during the time of placement in thefamily home. The results were analyzed through the attachment theory as well as antheory of legal interpretation, which led to an understanding of the part attachmenttheory plays in custody cases, both the child's attachment to its biological parents andfamily home parents. The study could also conclude that the interpretation of the child'sbest interest in a legal matter depended on how the child's legal role was considered bythe Court of Appeal. The consideration of the child's best interest were seen to varybetween cases that led to an transfer of custody for the family home parents and caseswhere the custody transfer were rejected, based on what the Court of Appeal consideredthe Child´s best interesest to be in each particular case.