23456785 of 34
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf
Families in court: A multi-perspective sociological analysis of court disputes on child custody and child maintenance in Sweden
Stockholm University, Faculty of Social Sciences, Department of Sociology.
2026 (English)Doctoral thesis, comprehensive summary (Other academic)
Abstract [en]

Swedish family policy and law are based on assumptions of gender equality, shared parenting, and amicable separation. However, these assumptions do not always correspond with the heterogeneous lived realities of separated parents in Sweden. This misalignment raises questions about the capacity of the current legal and policy framework to adequately support all families and to prevent social and economic disadvantage among those who do not conform to these ideals. This thesis addresses these misalignments by examining how the Swedish legal system responds to parents who bring conflicts over child custody and child maintenance to court. The aim is to integrate insights from sociology and law to provide an overview of the issues separated parents bring to court, how these are handled and adjudicated, and what barriers parents encounter when asserting or contesting their parental rights and responsibilities. The thesis builds on large and diverse sets of court decisions and includes both parents’ and children’s perspectives.

Studies I and II concern child maintenance. Study I focuses on liable parents (fathers) who dispute their child maintenance obligations under the guaranteed support scheme and explains why these parents contest their liability despite being legally required to pay. The data build on court decisions on guaranteed support from all of Sweden’s administrative courts, 2014–2019 (n = 723). The findings show that economic inability is a primary reason for non-compliance, often arising from a mismatch between how the agency assesses ability to pay and parents’ economic circumstances. Study II shifts the perspective to resident parents (mothers) who seek to secure their right to child maintenance through the private law maintenance allowance scheme. It explores whether parents’ relative resources affect the monetary outcomes of disputes, comparing cases resolved through mediation and court adjudication. The data consist of court decisions on maintenance allowance from all of Sweden’s district courts, 2016–2020 (n = 327). Results show several barriers to pursuing maintenance allowance in court, suggesting that the system has limited capacity to safeguard children’s rights to higher payments unless the liable parent complies.

Studies III and IV focus on disputes concerning child custody and draw on the same dataset: court decisions on child custody, residence, and visitation from 35 of Sweden’s 48 district courts in 2021 (n = 535). Study III centres parental conflict and analyses the arguments parents use when disputing custody, as well as which argumentative patterns are most likely to lead to sole custody. Five patterns of parental argumentation are identified: ‘Victim-Offender’, ‘Mutual High-Conflict’, ‘Parenting Capacity Concerns’, ‘Lone Carer’, and ‘(Re)-Litigating Non-Resident Parents’. Applicants are most likely to be awarded sole custody in the ‘Victim-Offender’ and ‘Lone Carer’ contexts, and less likely in the ‘Mutual High-Conflict’ context. Study IV addresses the perspective of children and explores their opportunities to have their participation rights realized in custody disputes. The findings suggest that children’s views are most likely to be reported in contexts characterised by ‘Mutual High-Conflict’, and least likely to be included in the ‘Lone Carer’ context.

The combined results of the four studies lead to policy implications spelled out in the introduction.

Place, publisher, year, edition, pages
Stockholm: Department of Sociology, Stockholm University , 2026. , p. 73
Series
Stockholm studies in sociology, ISSN 0491-0885 ; 91
Keywords [en]
Post-Separation Court Disputes, Child Custody, Child Maintenance, Child Support, Child Participation, Family Sociology, Family Law, Non-compliance, Mediation, Judicial Discretion, Deservingness, Power, Sweden
National Category
Sociology (Excluding Social Work, Social Anthropology, Demography and Criminology)
Research subject
Sociology
Identifiers
URN: urn:nbn:se:su:diva-253907ISBN: 978-91-8107-580-9 (print)ISBN: 978-91-8107-581-6 (electronic)OAI: oai:DiVA.org:su-253907DiVA, id: diva2:2049936
Public defence
2026-05-22, Hörsal 5, Södra huset B, våning 3, Universitetsvägen 10B, Stockholm, 13:00 (English)
Opponent
Supervisors
Available from: 2026-04-27 Created: 2026-03-31 Last updated: 2026-04-20Bibliographically approved
List of papers
1. Individual realities and legal responsibilities: a study of non-resident parents who dispute child maintenance obligations in Swedish administrative courts, 2014-2019
Open this publication in new window or tab >>Individual realities and legal responsibilities: a study of non-resident parents who dispute child maintenance obligations in Swedish administrative courts, 2014-2019
2023 (English)In: International Journal of Law, Policy and the Family, ISSN 1360-9939, E-ISSN 1464-3707, Vol. 37, no 1, article id ebad011Article in journal (Refereed) Published
Abstract [en]

This study is the first large-scale empirical account of child maintenance non-compliance in Sweden. The scheme explored is the guaranteed support system, i.e. when liable parents do not comply with their formal maintenance obligations as determined by the Swedish Social Insurance Agency (SSIA). The objective is to map out and describe the overall reasons why parents do not pay, as well as to explain why parents’ perceptions of their maintenance obligations diverge from those of the SSIA officials. To this end, the study utilises both quantitative descriptive analysis and qualitative thematic text analysis. The data were built on a unique body of material comprising over 700 court cases where liable parents disputed their maintenance obligations in Sweden’s 12 administrative courts, during 2014–2019. The quantitative results show that claiming economic inability and regular involvement in the care of children are the two most common arguments for non-payment. The qualitative analysis further suggests that the administrative tools and legal assessments designed to calculate payments to aid parents are in reality creating barriers, uncertainty, and distrust in the process. Consequently, the rules designed to protect children in lone-parent households are a factor contributing to non-payment by the other parent. The article concludes with reflections and public policy implications.

Keywords
Child maintenance, Non-payment, Non-compliance, Sweden, Guaranteed support
National Category
Social Work
Identifiers
urn:nbn:se:su:diva-230648 (URN)10.1093/lawfam/ebad011 (DOI)001015277200001 ()2-s2.0-85163595885 (Scopus ID)
Available from: 2024-06-11 Created: 2024-06-11 Last updated: 2026-03-31Bibliographically approved
2. Bargaining Against Poor Odds: A Power Resource Analysis on Legal Disputes for Child Support in Sweden
Open this publication in new window or tab >>Bargaining Against Poor Odds: A Power Resource Analysis on Legal Disputes for Child Support in Sweden
2026 (English)In: Social Politics: International Studies in Gender, State and Society, ISSN 1072-4745, E-ISSN 1468-2893, article id jxaf063Article in journal (Refereed) Published
Abstract [en]

Child support payments are typically gendered and may be influenced by unequal bargaining positions. Nonetheless, child support is increasingly framed as a private responsibility, with parents expected to negotiate payments themselves. As court mediation expands, this expectation extends to legal disputes. This study examines whether power imbalances—measured as parents’ relative incomes—affect the monetary outcomes of child support court processes in Sweden, comparing cases resolved through in-court mediation versus court adjudication. Using a unique dataset of all Swedish court decisions involving resident parents suing liable parents for child support between 2016 and 2020 (n¼327), the results show that filing for child support typically results in low payments and high costs, offering a poor deal for resident parents. High-income liable parents secure comparatively favorable outcomes relative to both resident parents and lower-income liable parents, indicating that absolute financial resources drive bargaining power in court disputes.

Keywords
Bargaining, Child Support, Court Mediation, Power, Relative Resources
National Category
Sociology Law
Identifiers
urn:nbn:se:su:diva-253906 (URN)10.1093/sp/jxaf063 (DOI)001651843500001 ()
Available from: 2026-03-31 Created: 2026-03-31 Last updated: 2026-03-31Bibliographically approved
3. The (Un)deserving Parent: Exploring Parental Argumentation and Sole-Custody Decisions in Swedish Courts
Open this publication in new window or tab >>The (Un)deserving Parent: Exploring Parental Argumentation and Sole-Custody Decisions in Swedish Courts
(English)Manuscript (preprint) (Other academic)
Abstract [en]

Across the Western world, joint legal and physical custody is increasingly becoming the default post-separation arrangement. While family policy and law encourage such arrangements, they may not suit every situation. In child-custody court disputes, courts must consider whether sole legal custody is the best alternative for the child in each case. Building on a unique dataset of 535 Swedish child-custody court decisions, this study examines how parents justify child-custody claims in court and which argumentative patterns are most likely to result in a court order on sole legal custody. Deservingness theory (van Oorschot, 2000) serves as an analytical framework for structuring parents’ arguments. Latent Class Analysis identifies five distinct classes of court cases—referred to as ‘dispute contexts’—based on how parents invoke different arguments: Victim-Offender, Mutual High-Conflict, Parenting Capacity Concerns, Lone Carer, and (Re)-Litigating Non-Resident Parents. Regression analyses suggest that applicants are most likely to be awarded sole custody in the Victim-Offender and Lone Carer contexts, and less likely in the Mutual High-Conflict context.

Keywords
Deservingness, Child Custody, CARIN, Swedish Family Law, Latent Class Analysis
National Category
Sociology (Excluding Social Work, Social Anthropology, Demography and Criminology)
Research subject
Sociology
Identifiers
urn:nbn:se:su:diva-253910 (URN)
Funder
Forte, Swedish Research Council for Health, Working Life and Welfare, 2019-00534
Available from: 2026-03-31 Created: 2026-03-31 Last updated: 2026-03-31
4. No Access, No Say? A Frame Analytical Study on Differences in Child Participation in Custody Disputes in Sweden
Open this publication in new window or tab >>No Access, No Say? A Frame Analytical Study on Differences in Child Participation in Custody Disputes in Sweden
(English)Manuscript (preprint) (Other academic)
Abstract [en]

This study contributes a novel theoretical and empirical approach to the understanding of the barriers to the realisation of children's rights to participate in custody proceedings. Drawing on Manning and Hawkins’ (1990) frame-analytical perspective on legal decision-making, it examines whether children’s participation is influenced by the context, or framing, of the inter-parental conflict underlying the custody dispute. The data is based on a representative sample of child custody court cases resolved in 35 out of Sweden’s 48 district courts in 2021 (n = 535). Results show that children’s participation varies significantly across dispute contexts. Children’s views are most likely to be reported in contexts characterised by high levels of inter-parental conflict and mutual accusations, and least likely to be included in contexts marked by an asymmetric ability–risk dynamic, in which the applicant parent is framed as the child’s primary caregiver and the respondent parent as largely uninvolved in the child’s life.

Keywords
Child Custody, Child Participation, Article 12 UNCRC, Frame Analysis, Sweden
National Category
Sociology (Excluding Social Work, Social Anthropology, Demography and Criminology)
Research subject
Sociology
Identifiers
urn:nbn:se:su:diva-253912 (URN)
Funder
Forte, Swedish Research Council for Health, Working Life and Welfare, 2019-00534
Available from: 2026-03-31 Created: 2026-03-31 Last updated: 2026-03-31

Open Access in DiVA

Families in court: A multi-perspective sociological analysis of court disputes on child custody and child maintenance in Sweden(2874 kB)52 downloads
File information
File name FULLTEXT01.pdfFile size 2874 kBChecksum SHA-512
ff23abddaf3dc82624364043304c0e9bf806c73e2fb588406be6ed58331a9521556250e9f0893d49cb82aac506c9e1af6c66c443128f55f157d980acc939066f
Type fulltextMimetype application/pdf

Authority records

Finnström, Johanna

Search in DiVA

By author/editor
Finnström, Johanna
By organisation
Department of Sociology
Sociology (Excluding Social Work, Social Anthropology, Demography and Criminology)

Search outside of DiVA

GoogleGoogle Scholar
The number of downloads is the sum of all downloads of full texts. It may include eg previous versions that are now no longer available

isbn
urn-nbn

Altmetric score

isbn
urn-nbn
Total: 348 hits
23456785 of 34
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf