Vårdnadsöverflyttning eller återförening? : Socialtjänstens arbete med en motsägelsefull lagstiftning

The purpose of this study was to examine how the social services are applying the sections of the law concerning custody transfer within foster care. More specifically the aim was to find out what circumstances are underlying the social services decision to go through with a custody transfer within the foster care, and to find out which difficulties and possibilities the law offers when it comes to this process. The study was based on interviews with six respondents, within the social services, who have great experiences working with these issues. The study concluded that there are several factors which affects the decision whether to implement at custody transfer or not, and some of these are the child’s attachment, the child’s fundamental needs and consent from the involving parties in the case. The study also concluded that some of the difficulties with the process involve a contradictory law and the lack of support to the child´s new family after the custody transfer has been implemented. Some of the positive aspects with custody transfer within the foster care, that the study showed, includes that the child get to live with the family the child regards as his or her own, and a reduced amount of concern and stress, to the benefit of a more stable and safe environment. The analysis was based on two different perspectives: the attachment theory and Maslow´s theory on the hierarchy of the human´s need