Transferring custody from birth parents to foster parents - an ambiguous matter
Journal article
Wisso, Therese and Johansson, Helena. (2018). Transferring custody from birth parents to foster parents - an ambiguous matter. Journal of Social Welfare & Family Law. 40(3), pp. 321 - 339. https://doi.org/10.1080/09649069.2018.1493653
Authors | Wisso, Therese and Johansson, Helena |
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Abstract | In this study, we analyse 32 district court decisions regarding custody transfers from the birth parents to the foster parents in Sweden. When a child has been in foster care for three years, in order to enhance stability for child, the local social welfare committee considers a transferral of custody to the foster parents following an application to the district court. Although all but one of the decisions in our study favoured a custody transfer, the courts acknowledge different reasons for this. Specifically, there is vagueness about whether or not functioning contact between the child and birth parents is a hindrance in custody transfer. Our findings stress the need for clarification in the law regarding the criteria for custody transfer in order to reach a more unified judgment. Furthermore, the district courts do not sufficiently acknowledge children’s views, and we suggest that children and young people should be made more visible in the decision-making process. |
Keywords | foster care; custody transfer; contact; children’s view; court decision; social work |
Year | 2018 |
Journal | Journal of Social Welfare & Family Law |
Journal citation | 40 (3), pp. 321 - 339 |
Publisher | Routledge |
ISSN | 0964-9069 |
Digital Object Identifier (DOI) | https://doi.org/10.1080/09649069.2018.1493653 |
Scopus EID | 2-s2.0-85052336808 |
Open access | Open access |
Page range | 321 - 339 |
Research Group | Mary MacKillop Institute for Health Research |
Publisher's version | License |
Place of publication | United Kingdom |
Editors | E. Hitchings and M. Maclean |
https://acuresearchbank.acu.edu.au/item/8897z/transferring-custody-from-birth-parents-to-foster-parents-an-ambiguous-matter
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License: CC BY-NC-ND 4.0 |
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