Barnkonventionens implementering i svensk lagstiftning och praktik – barns bästa och barns rätt att uttrycka sina åsikter vid vårdnadstvister

  • Annika Rejmer
  • Ann-Sofie Bergman

Abstract

Implementation of the Convention on the Rights of the Child in Swedish legislation
and practice – children’s best interests and children’s rights to express their views
in custody disputes:

The article examines the implementation of articles 3 and 12 of the UN Convention on the Rights
of the Child (CRC) in the parental code regulations on custody, residence and access and how they
are applied in practice. The best interests of the child are, according to the regulations of the parental
code, the superior principle in handling custody disputes, which includes an examination of
the risk of abuse, the child’s need for close and good contact with both parents and the child’s will.
The results of conducted empirical studies show that articles 3 and 12 of the CRC have not been
implemented in the parental code. Children lack an independent right to express their opinion
in the handling of custody disputes. The article is based on empirical data from sources of law,
custody cases, and interviews with parents in dispute.

Published
2020-01-14