Child Custody (Forældremyndighed) in Denmark
Reviewed by the Commoner Law Editorial Team. Sourced from Danish Acts of Parliament (love), executive orders (bekendtgørelser), and official government guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
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 to Do If You and Your Co-Parent Disagree About Custody in Denmark
- 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.
Common Questions
What is the default custody arrangement in Denmark?
Joint custody (fælles forældremyndighed) is the default under the Forældreansvarsloven, with both parents sharing legal decision-making authority. Joint custody continues even after divorce unless a court orders otherwise. Sole custody is only awarded if joint custody is not in the child's best interests — typically in cases of serious conflict, violence, or inability to cooperate.
Does a child have a say in Danish custody decisions?
Yes. A child's views must be taken into account and the child must be heard unless hearing them would cause harm. There is no strict age threshold, but children aged 10 and over are routinely consulted. Documentation of your involvement in the child's school, health, activities, and daily routines helps Familieretshuset assess the best arrangement.
What do I do if we can't agree on custody in Denmark?
Try to agree first; voluntary agreements are registered with Familieretshuset. If you can't agree, apply to Familieretshuset — they will offer mediation and assessment, and refer complex cases to the family court (familieretten). Don't take the child out of Denmark without the other parent's consent when sharing custody — that can constitute child abduction.
When does it apply — child custody (forældremyndighed)?
You are divorcing or separating and have children under 18.You and the other parent disagree about custody, residence, or contact.
What should I do if my ex-partner and I cannot agree on child custody or residence arrangements in Denmark?
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 — child custody (forældremyndighed)?
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.