Custody (Parental Responsibility) in Denmark (2026 Legal Guide) — Rules & Requirements
About this article
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: The default. Both parents share legal decision-making — also after divorce. Joint custody continues unless the court decides otherwise.
- Sole custody: Awarded by the court only if joint custody is not in the best interests of the child — typically in cases of conflict, violence or an inability to cooperate.
- Residence: If the parents live apart, the child has its official residence with one parent. The other has contact (samvær).
- The child's voice: The child's views must be taken into account — the child must be heard, unless this would harm it. There is no fixed age limit, but children from age 10 are heard routinely.
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 disagree about custody in Denmark
- Try to reach agreement with the other parent — voluntary agreements on custody and residence are registered with Familieretshuset.
- If you cannot agree, apply to Familieretshuset — they offer mediation and child-expert assessment. Complex cases are referred to the family court (familieretten).
- Document your role in the child's life — school, health, activities and daily routines.
- In urgent situations (violence in the home, a child at risk) you can apply to the court for temporary sole custody.
What should you NOT do?
- Don't take the child out of Denmark without the other parent's consent if you have joint custody — it can constitute child abduction.
- Don't use the child as a messenger or weapon in the conflict — this is regarded as harmful to the child and can affect the custody decision.
- Don't refuse contact with the other parent without a court decision — unilaterally withholding contact is taken seriously.
About Family Law in Denmark
Most family-law cases in Denmark start at Familieretshuset (the Agency of Family Law), the central authority that since 2019 has handled divorce, custody, child support and paternity. You can be divorced administratively if you agree, or via the family court if you do not. Couples with children under 18 go through a 3-month reflection period. Forældreansvarsloven (the Parental Responsibility Act) treats joint custody as the default and applies the best interests of the child; children from age 10 have the right to be heard. Domestic violence is handled through restraining orders and the rules of the Criminal Code.
Common Questions
What is the default for custody in Denmark?
Joint custody is the default under the Parental Responsibility Act, with both parents sharing legal decision-making. Joint custody continues after divorce unless the court decides otherwise. Sole custody is awarded only if joint custody is not in the best interests of the child — typically in cases of serious conflict, violence or an inability to cooperate.
Does the child have a say in Danish custody decisions?
Yes. The child's views must be taken into account, and the child must be heard unless this would harm it. There is no fixed age limit, but children from age 10 are heard routinely. Documenting your role in the child's school, health, activities and daily routines helps Familieretshuset assess the best solution.
What do I do if we cannot agree on custody in Denmark?
First try to agree; voluntary agreements are registered with Familieretshuset. If you cannot agree, apply to Familieretshuset — they offer mediation and child-expert assessment and refer complex cases to the family court. Don't take the child out of Denmark without the other parent's consent when you have joint custody — it can constitute child abduction.
What is the custody (parental responsibility) right in Denmark?
Danish custody law prioritises the best interests of the child:Joint custody: The default. Both parents share legal decision-making — also after divorce. Joint custody continues unless the court decides otherwise.Sole custody: Awarded by the court only if joint custody is not in the best interests of the child — typically in cases of conflict, violence or an inability to cooperate.Residence: If the parents live apart, the child has its official residence with one parent. The other has contact (samvær).The child's voice: The child's views must be taken into account — the child must be heard,...
When does it apply — custody (parental responsibility)?
You are divorcing or separating and have children under 18.You and the other parent disagree about custody, residence or contact.
What do I do if my ex-partner and I cannot agree on custody or residence in Denmark?
Try to reach agreement with the other parent — voluntary agreements on custody and residence are registered with Familieretshuset.If you cannot agree, apply to Familieretshuset — they offer mediation and child-expert assessment. Complex cases are referred to the family court (familieretten).Document your role in the child's life — school, health, activities and daily routines.In urgent situations (violence in the home, a child at risk) you can apply to the court for temporary sole custody.
What should you NOT do — custody (parental responsibility)?
Don't take the child out of Denmark without the other parent's consent if you have joint custody — it can constitute child abduction.Don't use the child as a messenger or weapon in the conflict — this is regarded as harmful to the child and can affect the custody decision.Don't refuse contact with the other parent without a court decision — unilaterally withholding contact is taken seriously.