Kontinuitetsprincipen - en princip under utveckling

Sammanfattning: According to the Swedish parental code 6 chapter 2 a§, the best interest of the child shall be conclusive for all decisions in matters of custody, residency and right to access. The best interest of the child is a principle which can be found in national legislation as well as in international documents. The concept of the principle is not expressly defined in neither international documents, nor in Swedish national legislation. The best interests of the child shall be concluded by the individual circumstances in each case. Principles on the child’s best interest have, however, been emphasized and compiled as well in the parental code as in case law. The principle of continuity is a principle that has been developed in case law. The fundamental idea of the principle is that a child needs stability and security in its life. If it is not necessary, a child should not be subject to interruption in a working living arrangement. The principle of continuity often comes in conflict with the principle of the child’s need for a close relationship with both its parents. The conflict between these two principles often occur when a parent obstructs or completely withholds the child’s right to access, The purpose of this essay is to study how the principle of continuity has developed during the past centuries and how it relates to other principles on the child’s best. In the cases I have studied, the court tends to give preference to the principle of continuity. The application of the principle has, however, altered since the 1970th century.