Våldet ej styrkt - En kritisk diskursanalys om vad domstolen tar i beaktande vid vårdnadstvister där det finns uppgifter om våld

Detta är en Kandidat-uppsats från Lunds universitet/Socialhögskolan

Sammanfattning: Based on a social constructivist perspective and a critical discourse analysis, the aim of this study was to explore what the court takes into account when deciding on individual or joint custody. The method that was used for this study was a qualitative analysis of court documents. Eight district court orders concerning custody disputes were selected based on the criteria that information on domestic violence was present. Due to the fact that men practice violence to a greater extent than women, another criterion was that fathers should be identified as perpetrators. When examining the complexity between the risk and the advantage of a relationship, ideals of joint custody and far reaching expectations of cooperation between parents post separation was prominent in the documents. Therefore we found that the court maintains the society's normative view of parenthood to a large extent. We also found that information about abuse was hard to confirm, and that it often had very little impact on the outcome in child custody disputes. Overall the court took more account of the relationship discourse than the risk discourse.

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