The aim of this study is to examine the district court’s assessment and ruling in custody disputes where violence is present from a constructivist perspective. The aim of the study is also to analyze the impact of the court’s ruling on the family. To achieve this aim, a qualitative method consisting of semi-structured interviews with two judges in Swedish district courts, two Swedish family law caseworkers, and two counselors at a Swedish women’s shelter was used. The gathered data was then analyzed through a thematic analysis and four themes were formed: What judges and family law caseworkers take into account in their assessment during custody disputes; Constructions of violence and custody disputes in professional contexts; Human factor; Impact on the family during and after the decision. 

The results revealed that judges and family law caseworkers have discretion in their work, and therefore assessment of custody disputes where violence is present can be different depending on the professional. The results showed a possible constructivist explanation for the way different professionals view these court disputes. Such things as what defines a good mother and father, what a good collaboration between parents and what is the best for the child is dependent on a construction of these subjects. The interviews with judges and family law caseworkers showed that decisions only exclude all contact between the child and its abusive father in cases where the violence has most likely occurred. This assessment of the violence’s likelihood is individually assessed by the professional. In other cases the violent father is often granted continued contact with their child. Lastly the results showed that the only professionals that had knowledge of the way the court’s ruling affects the family were the counselors. The judges and family law caseworkers had no such knowledge, and instead focused on bettering the family dynamic by encouraging the parents to cooperate. The counselors described that the women and children involved in these court disputes often kept being victims of violence by the perpetrating partner/father of the child, which affected their wellbeing and opportunity to heal from the trauma.