Våldets påverkan på barns delaktighet i umgängesbeslut : En kvalitativ studie med grund i tingsrättens umgängesmål

Sammanfattning: The purpose of the study was to examine children's participation in contact orders where there is a risk of violence, and to gain an understanding of how the children's opinions emerge and are taken into account in the investigation. The collected data consists of 14 different contact orders where there is a risk of violence, that have been requested from various district courts around Sweden. To analyze the text content, we used thematic analysis, which means that we created sub themes and themes through coding, and then a matrix to create structure. What has been established in this study is that contact orders are complex, the main difficulty for the district court is the balance between the Convention on the Rights of the Child, article 19, which describes that children must be protected from harm, and the Parental Code ch. 6. 2 a § 2st, which means that the child has the right to good and close contact with both parents. When there is information about violence that is either not that serious or where there is no concrete evidence, the district court often chooses the right to both parents over the child's being protected from harm, this despite the fact that the child in question does not want to have contact. The child's participation is affected by the seriousness of the crime in question. The child has a greater chance of speaking out in cases of violence where the violence is not so serious, while they are denied participation to a greater extent when the violence is of a greater nature. Overriding the child in cases where the violence is of a larger scale shows that the sociological perspective of childhood participation is not fully implemented in the court. The court's leeway is also of great importance for the child's participation, they assess how much participation should be based on age and maturity and how much they should consider the child's will.