Abstract
The Swedish legislation on Custody, Residence and Access enacted in 1998 declares that “the best interests of the child” should be the primary consideration in any decisions, enabling the Court to issue a joint custody order against parental desire. The 2006 amendment takes into consideration parental ability in joint custody and possible harm to the child. An analysis of relevant disputes between parents in District Courts in 2004 and 2005 reveals three stages of the decision process in which various principles are applied: the principles of “aptitude for rearing” and “continuity” for disputes on custody; the principles of “stability/continuity”, “respect of the wishes of the child”, and “non-separation from siblings” for disputes on residence; and the principles of “regular visitation schedule”, “avoidance of risk”, “respect for the child's wishes”, and “providing a male role model” for disputes on access. The lack of stable scientific knowledge on what constitutes “the best interests of the child” renders its conception inconsistent in judicial decisions, which are heavily influenced by the social environment. However, the decisions are fair with respect to gender and neither parent is required to meet a stricter standard than the other.
