Framställningar av mödrar och fäder i vårdnadstvister
En kvalitativ analys av rättsfall och av vilken betydelse genus har i bedömningen om ensam vårdnad
This study aims to provide a picture of how fathers and mothers are produced in judgments regarding child custody and to investigate if any of the parties is aggrieved because of their gender. The material consists of six legal cases. The study is based on gender theory and social construction. It represents a qualitative method where we have used text analysis. The previous research is contradictory as on one hand it shows that there are different criteria related to the parents' gender when it comes to caring for children in both child welfare investigations and the courts. On the other hand, there are studies that claim that this does not occur in custody disputes. According to the discourse that prevails in society, in such as social media, some believe that fathers are discriminated in custody disputes. The results of our study show that fathers and mothers are produced equally under many circumstances and that there is no separate assessment. However, we also found certain factors and characteristics that are subject to different assessment criteria and we have seen that mothers have some advantages that can be linked to their gender.