Parallella processer: En rättsvetenskaplig studie av riskbedömningar i vårdnads- och LVU-mål
2010 (Swedish)Doctoral thesis, monograph (Other academic)Alternative title
Parallel processes : A legal study of riskassessments in custody- and child protection cases (English)
Crimes against children are among the most complicated. One of the reasons is high demand on the evidence in a criminal case. As a consequence, many alleged crimes may be difficult to solve. In order to protect the child from future harm, further legal processes might become necessary. The thesis studies risk assessment in custody cases and child protection cases.
One aim of the thesis concerns what evidential criteria relate to the definition of risk within each act and if the law gives any indication of what information that is required in order to assess such risk. Related to the second theme is the issue of what legal possibilities exist to involve the child in the process. The thesis also applies a behavioral science perspective, and provides an overview of the discussion within the research area of children and risk.
Limitations in contact between a child and a parent based on the legal concept of risk constitute exceptions to the main principle that children and parents have a right to live together. This presumption characterizes the current procedural legal frameworks. For example, the party that claims that there is a risk for the child also carries the burden of proof. The level of risk must be at least probable. If this level of risk can not be proven, there is no risk from a legal point of view, and consequently no possibility to intervene against the parents will. A regulation with more options to act within a lower risk domain could be motivated from a child protection perspective (risk monitoring).
The similarities between custody cases which involves accusations of abuse of a child and a child protection case, motivates that both types of cases are handled in the same way and by the same authorities. In order to supply the court with sufficient information, it is necessary to secure both the authority and the competence to carry out this responsibility in the best possible way. This motivates not only alignment of investigative procedures, but also that the investigative body is equipped with the same authority and competence.
Place, publisher, year, edition, pages
Stockholm: Jure Förlag , 2010. , 380 p.
Best interest of the child, family law, administrative law, riskassessment, child abuse, victims of crime, custody disputes, child protection
Law (excluding Law and Society)
Research subject Procedural Law
IdentifiersURN: urn:nbn:se:su:diva-37537ISBN: 978-91-7223-388-1OAI: oai:DiVA.org:su-37537DiVA: diva2:303099
2010-04-09, sal G, Arrheniuslaboratorierna, Svante Arrhenius väg 20 C, Stockholm, 10:00 (Swedish)
Eklund, Hans, Universitetslektor och JD
Schiratzki, Johanna, ProfessorDiesen, Christian, ProfessorGumpert Hellner, Clara, MD