Tingsrättens handlingsutrymme: En studie om hur tingsrätten framställer barnets bästa i frågor om vårdnad

Sammanfattning: The purpose of this study is to research how the principle of the best interest of the child expresses itself in custody disputes. The subject is based on how the principle does not have a clear description in the law. The district court therefore possesses room to interpret what they consider to be the best interest of the child in each individual case. The aim of the study is therefore to, through quantitative and qualitative content analysis, examine how the principle of the best interest of the child is used, and how the interpretation of the law appears, in Swedish district court decisions of custody disputes. The study also aims to show how the court takes into account the opinion of the child in the custody dispute and how the court considers the child's best interests in cases where parents have previous problems with substance abuse or assault. The study uses the theoretical approach “the gap problem” and “individual room for interpretation” together with the concept of “gender” as basis for analysis. The results show how mothers in custody disputes receive or keep custody to a greater extent than fathers. The results also show how the court does not intervene in cases where parents agree on the custody issue. Concluding marks show how the principle of the best interest of the child can be applied differently due to the individual room for interpretation that exists in the law.