Introduction: Matching Legal Proceedings to Problems in Custody Disputes

Abstract

AbstractThe introductory chapter presents the aim, outline, and content of the anthology. First, it describes the dilemmas and challenges that arise in custody disputes, drawing on pre-existing empirical research, discussions among policymakers, and legal scholars. Second, the chapter outlines the child welfare family-law systems of the Nordic countries. It is also argued that the focus on gender equality and the awareness of domestic violence have affected law and policymaking—as well as created new dilemmas when handling custody disputes in practice. Third, the chapter presents the paradigm shift through which children’s rights have been strengthened, for example, the right of every child to freely express their views in all matters affecting them (Article 12, The United Nations Convention on the Rights of the Child). However, the right to participation raises demands for practical implementation that, so far, have not been fully met. It is proposed that the nature and complexity of custody disputes are serious challenges for society that call for an interdisciplinary and comparative discussion. Thus, the aim of the anthology is to transcend disciplinary, institutional, and jurisdictional boundaries, in search of new knowledge that can integrate multiple perspectives and experiences. The anthology will explore how legal proceedings, in and out-of-court, can be applied to the complex problems inherent in these disputes.