Denmark’s child custody law is governed by the Parental Responsibility Act (forældreansvarsloven), most recently amended in December 2025. If you are a foreign national living in Denmark, or if you and your co-parent live in different countries: Understanding how Danish law applies to your situation is critical. This guide explains the essentials.
The foundational principle: the best interests of the child
Every decision in Danish child custody law must prioritise the best interests of the child and the child’s right to welfare and protection (§ 1 and § 4). This is not merely a guiding aspiration, it is a legally binding requirement that shapes every decision at every level, from parental agreements to court rulings.
Joint vs. sole parental responsibility
Married parents automatically share parental responsibility (§ 6). Unmarried parents can obtain joint parental responsibility by making a joint declaration of intent to care for the child together (§ 7). Joint parental responsibility continues even after the relationship ends — separation or divorce does not change this (§ 8).
Sole parental responsibility requires either a mutual agreement between the parents (registered at Familieretshuset) or a court decision. Courts only grant sole parental responsibility when there is clear evidence that the parents cannot cooperate in the child’s best interest (§ 11) — mere conflict is not enough.
Visitation rights for the non-resident parent
The child has a right to maintain contact with the parent it does not live with (§ 19). Both parents share responsibility for making visitation happen and for organising transport. If parents disagree on visitation, Familieretshuset can make a binding order.
Crucially: if the child has no contact at all with the non-resident parent, Familieretshuset must issue a temporary contact-preserving visitation order within three weeks of receiving an application (§ 29 a). This rule prevents one parent from simply cutting off contact while a dispute plays out.
The role of Familieretshuset
Familieretshuset (the Danish Family Law Agency) is the starting point for all custody and visitation disputes in Denmark. The agency’s approach is conciliation-focused: it offers child welfare counselling, mediation, and expert assessments (§§ 32–33) before making binding decisions. Children aged 10 and above have the right to request that Familieretshuset convene a meeting between their parents (§ 35).
If you disagree with Familieretshuset’s decision, you can appeal to the family court (§ 41). Globe Advokater can represent you at both stages.
International custody cases: which country decides?
If both parents live in Denmark, there is no jurisdictional question. If you or your co-parent live in different countries, the key question is where the child has its habitual residence — the country where the child actually lives and is socially integrated. That country’s authorities generally have jurisdiction under the Hague Convention of 1996.
Denmark applies the 1996 Hague Convention on Parental Responsibility (§ 45, stk. 3). If your situation involves a country outside the Hague Convention system, the rules become significantly more complex.
If you fear the other parent will take the child abroad
If you have joint parental responsibility and genuinely fear that the other parent is about to take the child out of Denmark without consent, you can apply immediately for an emergency order granting you sole parental responsibility (§ 27). This order can be issued with immediate effect and prevents the child from leaving the country.
In urgent situations, contact Globe Advokater immediately — we can advise on emergency applications.
Practical steps for foreign parents
- Register your parental responsibility status with Familieretshuset if you are unmarried and have not already done so.
- Keep records of all communication with your co-parent about the child.
- If you are separated and sharing care informally, formalise the arrangement to avoid disputes.
- If you plan to relocate abroad with the child, seek legal advice before announcing this to the other parent.
Globe Advokater advises foreign parents in English. Contact us for a free initial assessment of your situation.
