The child and the law : An investigation about childrens procedural position in child welfare cases, custody cases and enforcement cases. Part I, The handling of cases by authorities, courts etc.

The investigation concerns the legal position of the child in the determination of custody, i.e. the right of parents to decide the child's life-situation; in applications for enforcement, i.e. the manner in which a decision of court concerning custody and access is enforced; and in cases of intervention, i.e. when society intervenes for the protection of the child against parents who fail in their task to such an extent that there is a danger to the health or social development of the child. These three areas of the law have as their centre the fact that a parent has the right of custody of the child, i.e. to have the child with him or her. The investigation is based on a survey of about 3000 cases. This includes matters dealt with by JO, which mainly concern actions taken by non-judicial authorities. These matters throw light on the way the social welfare boards operate, and defects in their mode of operation. The direction of oresent investigation has to a large extent been determined by the cases. It becomes evident from our investigation that there is hardly any possibility for the child to influence hos own life-situation. Children above the age of 15 are guaranteed a hearing and - within the social welfare system - have also a right to bring complaints, but for younger children there is no provision that they be heard in cases concerning them, nor that their wishes should be taken into account. The children are entirely dependent on the assessment done by adults in their environment.digitalisering@um