Child Custody (Forældremyndighed)
Written in plain language for general understanding. This is educational content, not legal advice. Based on Danish Acts of Parliament (love), executive orders (bekendtgørelser), and official government guidance.
Danish National Law
What is this right?
Danish custody law prioritises the best interests of the child:
- Joint custody (fælles forældremyndighed): The default. Both parents share legal decision-making authority — even after divorce. Joint custody continues unless a court orders otherwise.
- Sole custody (eneforældremyndighed): Awarded by the court only if joint custody is not in the child's best interests — typically in cases of conflict, violence, or inability to cooperate.
- Residence (bopæl): If parents live apart, the child's official residence is with one parent. The other has contact rights (samvær).
- Child's voice: Children's views must be taken into account — the child must be heard unless it would harm them. There is no strict age threshold, but children aged 10+ are routinely consulted.
When does it apply?
- You are divorcing or separating and have children under 18.
- You and the other parent disagree about custody, residence, or contact.
What should you do?
- Try to agree with the other parent — voluntary agreements on custody and residence are registered with Familieretshuset.
- If you cannot agree, apply to Familieretshuset — they will offer mediation and assessment. Complex cases are referred to the family court (familieretten).
- Document your involvement in the child's life — school, health, activities, daily routines.
- In urgent situations (domestic violence, child at risk), apply for temporary sole custody through the court.
What should you NOT do?
- Don't take the child out of Denmark without the other parent's consent if you share custody — this can constitute child abduction.
- Don't use the child as a messenger or weapon in the conflict — it is considered harmful to the child and may affect custody decisions.
- Don't refuse contact with the other parent without a court order — unilateral denial of access is taken seriously.
Legal Resources
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