The compulsory placement of a child outside the home — tvangsfjernelse — is the most serious intervention in Danish child welfare law. If you are a foreign national and the Danish authorities are considering removing your child, you face an urgent and legally complex situation. This guide explains the process, your rights and what a specialist lawyer can do for you.
The legal basis: barnets lov § 47
Since 1 January 2024, child removal cases are governed by barnets lov (the Children’s Act). Under § 47, the Children and Young People’s Committee can order a child’s placement outside the home without the parents’ consent when there is an obvious risk of serious harm to the child’s health or development due to:
- Inadequate care or treatment.
- Abuse the child has been subjected to.
- The child’s own substance abuse, criminal behaviour or severe social difficulties.
- Other behavioural or adjustment difficulties of the child.
A further condition is that there must be reason to believe the problem cannot be solved while the child remains at home.
Does this apply to you as a foreign national?
Yes, unequivocally. Ankestyrelsen’s landmark ruling C-32-00 (2000) confirmed that Danish child welfare law applies to all children present in Denmark regardless of nationality. The Ombudsman confirmed in 2020 that this includes children of asylum seekers and undocumented migrants.
Important: your nationality is not itself a ground for removal. The removal must be based on the specific conditions in § 47. Equally, wanting to leave Denmark with your child does not in itself make the removal unlawful — the Østre Landsret (Eastern High Court) confirmed this in the same 2000 ruling.
Your rights throughout the process
As a parent with parental responsibility (forældremyndighed), you have these rights under barnets lov and general administrative law:
- Right to be heard (partshøring) before any decision is made.
- Right to see all case documents (aktindsigt — access to file).
- Right to a free lawyer of your choice (you are not obliged to use the lawyer the municipality suggests).
- Right to an interpreter in your own language.
- Right to participate in the hearing before the Children and Young People’s Committee.
- Right to appeal to Ankestyrelsen within four weeks.
- Right to have the decision reviewed by the family court.
The proportionality requirement: your strongest argument
Under ECHR Article 8 and barnets lov, child removal must be the least restrictive sufficient intervention. If the municipality has not genuinely explored and exhausted less invasive support measures — such as family counselling, family workers, respite care — the removal may be unlawful. Your lawyer will examine whether this requirement has been met.
What happens after removal?
If the Committee orders removal, the child is placed in a foster family, a residential facility or with relatives. The municipality must review the placement regularly. You retain the right to contact and visitation unless this is specifically restricted by the Committee. You can apply for the child’s return (hjemgivelse) at any time if circumstances change significantly.
How Globe Advokater can help
- We act immediately — contact us the moment you receive notice of proceedings.
- We review the case file and identify procedural errors and insufficient grounds.
- We represent you at the Committee hearing and present ECHR Article 8 arguments.
- We appeal to Ankestyrelsen if needed and advise on judicial review.
- We advise in English throughout the process.
Contact Globe Advokater now for a free, confidential assessment.
