En analyse av sakkyndigvurderinger i foreldretvister

Abstract

Aim: Expert assessments in parental disputes are used to help the court make decisions “in the best interests of the child”. Our aim was to explore the understandings of parenthood, parental care, and child development embedded in such assessments. Methods: The article is based on a qualitative analysis of 20 expert assessments from the Oslo District Court. Analytical questions, such as how each parent’s contribution to parental care was described and evaluated, were posed to each assessment. The answers were then summarised across the cases. Results: Emotional aspects of the parent–child relationship, isolated episodes and statistical risk factors dominated the descriptions of parental care. The child’s everyday life and the parents’ care practices around the clock and over time received little attention. Moreover, the mothers seemed to be held to higher standards of parenting than were the fathers. This made it difficult to get a clear picture of the child’s life situation and made violence seem a less significant aspect of parenthood. Implications: Given that care and development are rooted in the practices of everyday life, the child’s daily life and the way in which the parents organise it must receive more attention. Furthermore, the occurrence of parental violence must be integrated into assessments of the child’s overall care situation. Keywords: family law, child custody evaluation, parenthood, developmental psychology, gender