Rättstillämpning i samarbetssamtal

Sammanfattning: The aim with this study is to examine how family law secretaries relate to and practice law in the context of family mediation. Family mediation is a supporting measure provided by the family law office to separted parental couples in conflict concerning the custody, housing situation or the right of access to their mutual child. The study is based on data from interviews performed with family law secretaries employed by two different family law offices. The data has been analysed with a theoretical starting point in Ernest Laclau's och Chantal Mouffe's discourse analytic theory and Mai Heide Ottosen's discourse theoretical discussion concerning constructions of the best of the child in disputes over right of access. To enable an understanding of the family law secretaries application of the law focus is drawn upon the tools and terms of reference in their work with family mediation. To make the study more specifik the discussion is centered around following themes; parents cooperation, the child's will and alternating housing. The study results in an understanding in witch the family law secretaries application of the law is seen as practised within a finite discource. Within the discource parental cooperation is worded as the fundamental aim of family mediation practice. Parental cooperation becomes both the means and the aim to reach the discoursive desired family situation. The will of the child and alternating housing is handled in relation to parental cooperation and conflict, rather than in relation to the best interest of the child. This said with an discoursive understanding of the best interest of the child primarily as having cooperating parents.