(How) Do Children’s Rights to Participation Take Form in Custody Cases? The Illusion of an Institutional and Legal Framework Safeguarding the Child’s Perspective

Abstract Starting from the premise that child participation is an individual right, this chapter exposes the institutional challenges and contradictions that shape how professionals navigate children’s voices in Swedish custody disputes. Based on judge interviews and court observations, we find that direct child involvement remains rare—decisions rely on proxies such as parental testimony and social services reports—revealing a gap between legal ideals and courtroom practice. This ‘trial by proxy’ both shields children from conflict and effectively silences them, while divergent readings of ‘best interests’ within Sweden’s civil law culture skew outcomes. Despite recent reforms elevating a child rights perspective, participation remains conditional, dependent on age and maturity assessments. This chapter concludes by calling for a critical discussion about different perspectives on children’s participation in practice, and how their interaction shapes the effective protection and advancement of children’s rights in legal proceedings.