The project examines the professional discretion of judges and experts in district courts when parents disagree on custodial issues; where the child should live, contact, and/or parental responsibility.
An overarching goal of Visible Children is to contribute to a more nuanced understanding of the considerations professionals make regarding children's right to participation, right to family life, and right to protection in custodial cases in court. Such knowledge can strengthen the possibilities for a due process and improve the quality of life for children involved in custodial disputes in court.
The study will highlight the understandings of parenting, care, and childhood that emerge in court texts and expert reports. In some cases, child welfare services will be involved. In such cases, the project will also study the significance of child welfare's understandings and involvement in the case.
More about the project
Annually, the district courts handle around 2600 cases under the Children Act. Although parents reach in-court settlements in most cases, about 30 percent of the cases are court decisions (Viblemo et al., 2016). These decisions significantly impact the child's daily life, family life, and the child's mental and physical health. Custodial disputes are also a highly politicized field, characterized by strong debates that touch on children's constitutional rights (Constitution § 104): the right to participation, the right to family life, and the right to protection. In such a contested and politicized field, there is a need for research-based knowledge.
Methods
Several methods are used in the project:
- Analyses of district court decisions
- Analyses of expert reports/evaluations
- Focus group interviews with judges and experts
Participants
Sub-projects
The project has two PhD sub-projects:
Sub-project A
PhD candidate Jannicke Stav: "Civil Court as an Arena for Protecting Children from Violence and the Consequences of Violence - Professional Discretion Related to Violence and Safety in Custodial Disputes Where Family Violence is Reported." The project highlights how police-reported violence affects the discretion of experts and judges throughout the legal process.
Sub-project B
PhD candidate Kim Aila Sethre: "Visible Children – Professional Discretion Related to Children's Participation in Custodial Disputes in Court" focuses on the participation processes of children when the district court makes decisions about residence, contact, and/or parental responsibility. A particular interest is to explore how younger children and children exposed to violence or neglect participate in these decisions.
The Single Parent´s Association (Aleneforeldreforeningen) and The Foundation Dam are partners in this sub-project.
