Child custody lawyer in Denmark

Joint parental responsibility

Married parents automatically share parental responsibility (§ 6). Unmarried parents can obtain joint parental responsibility by making a joint declaration (§ 7). Joint parental responsibility continues even after separation, divorce, or the end of cohabitation (§ 8). Major decisions - such as schooling, medical treatment, travel abroad, and passport applications - require both parents' agreement.

Sole parental responsibility

Sole parental responsibility can be awarded if there is reason to believe that the parents cannot cooperate in the child's best interest (§ 11). The bar is high - mere disagreement between parents is not sufficient grounds for removing joint parental responsibility.

Visitation rights

The child has a right to contact with the parent it does not live with (§ 19). Both parents share responsibility for ensuring that visitation takes place. If parents disagree on the scope or terms of visitation, Familieretshuset can make a binding order (§ 21).

Split residence / shared living

Parents with joint parental responsibility can agree that the child lives alternately with each parent (§ 18 a). Split residence is not ordered by the courts - it must be agreed by the parents.

How are cases handled in Denmark?

All parental responsibility cases in Denmark are initially handled by Familieretshuset. The agency's starting point is to support parents in reaching agreement, offering child welfare counselling and dispute mediation (§ 32). If agreement cannot be reached, Familieretshuset makes a binding decision, which can be appealed to the family court (§ 41).

Familieretshuset must involve the child in the process in a manner appropriate to the child's age and maturity (§ 34). A child aged 10 or above can even request that Familieretshuset convene a meeting between the parents (§ 35).

International cases: when does Denmark have jurisdiction?

Denmark can handle a custody case if the child has its habitual residence in Denmark, in accordance with the conditions in the Administration of Justice Act (§ 448 g) and the Hague Convention of 1996. If the child has recently moved to Denmark from another country, it is not always clear which country has jurisdiction - this requires specialist advice.

Can I take my child out of Denmark without the other parent's consent?

No - if you share parental responsibility, both parents must agree before the child can leave Denmark (§ 3, stk. 2). Violating this rule can constitute child abduction under Danish law. If you wish to relocate abroad with your child, you need either the other parent's consent or a court order allowing the relocation.

What is the difference between parental responsibility and residence?

Parental responsibility (foreldremyndighed) concerns the right to make major decisions about the child's life. Residence (bopæl) determines where the child actually lives. Both parents can share parental responsibility even if the child lives primarily with one parent.

Can the child decide who it wants to live with?

The child's views are taken into account in accordance with its age and maturity (§ 5). A child aged 10 or above has the right to request a meeting at Familieretshuset. However, the final decision is always made based on the best interests of the child - the child's wishes are one factor among many.

How quickly can I get a temporary custody order?

If you fear that the other parent is about to take the child abroad without consent, you can apply for an urgent temporary order (§ 27), which can be granted with immediate effect. Contact Globe Advokater immediately - time is critical in these situations.

Why choose Globe Advokater?

• Over 20 years of experience in Danish family and immigration law.
• English-language advice - we understand the challenges facing foreign parents.
• Fixed-fee pricing - full transparency from day one.
• We handle all communication with Familieretshuset and Danish courts.
• Experience with international cases, including the Hague Conventions.