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

Implementation of the Convention on the Rights of the Child in Swedish legislationand practice – children’s best interests and children’s rights to express their viewsin custody disputes: The article examines the implementation of articles 3 and 12 of the UN Convention on the Rightsof the Child (CRC) in the parental code regulations on custody, residence and access and how theyare applied in practice. The best interests of the child are, according to the regulations of the parentalcode, the superior principle in handling custody disputes, which includes an examination ofthe 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 beenimplemented in the parental code. Children lack an independent right to express their opinionin the handling of custody disputes. The article is based on empirical data from sources of law,custody cases, and interviews with parents in dispute.