The compulsory removal of a child from their parents — known in Denmark as tvangsfjernelse — is one of the most serious interventions the state can make in a family’s life. If you are a foreign national in Denmark facing this situation, you have the same rights as Danish parents, including the right to a free lawyer. Understanding the process quickly is critical.
STEP 1
Urgent advice and access to documents
If you have received a notification (underretning) or a notice of a recommendation for forced placement, we will contact you immediately. We request access to the case files and review them thoroughly – including whether all formal requirements are met and whether the municipality has exhausted the possibilities for supportive measures in the home.
STEP 2
Representation in the Children and Youth Committee
We represent you and your child during the meeting in the Children and Youth Committee. We present your views, highlight deficiencies in the case material, and challenge the basis for the recommendation.
Step 3
Appeal to the National Social Appeals Board and judicial review
If the decision is made against our recommendation, we will help you appeal to the National Social Appeals Board (Ankestyrelsen). If necessary, we will also bring the case before the court.
Prices – who pays?
Holders of parental responsibility and children over the age of 10 have the right to free legal aid in forced placement cases. The legal fees are paid by the public authority. You can choose your own lawyer – you are not obligated to use the lawyer suggested by the municipality.
ℹ️ Your right to free legal aid applies during the proceedings in the Children and Youth Committee and during the appeal case before the National Social Appeals Board (Ankestyrelsen). If you also wish to bring the case before the court (judicial review), an application for legal aid (fri proces) can be submitted for this.
Advice and Preparation (self-funded, prior to public case)
From DKK 5,000
- Early advice before the placement case is formally initiated
- Access to documents and review of the municipality’s case files
- Strategic guidance on voluntary placement vs. opposition to forced placement
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Free Legal Aid (funded by the public authority)
Free
Free of charge for you as the holder of parental responsibility
- Representation in the Children and Youth Committee
- Appeals to the National Social Appeals Board (Ankestyrelsen)
- Representation during any judicial review by the court
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⚠️ Important: If you have received a notice of an intended application for child removal, contact Globe Advokater immediately. The documentation is typically made available only one week before the hearing. Time is critical.
Key concepts in Danish Child Removal Law
The legal framework: Barnets lov
Child removal cases in Denmark are governed by barnets lov (the Children’s Act, LOV nr 721 of 13 June 2023, in force 1 January 2024). The central provision is § 47, which allows the Children and Young People’s Committee (Børne- og ungeudvalget) to order a child’s placement outside the home without the parents’ consent when:
- There is an obvious risk that the child’s health or development will suffer serious harm, AND
- There are grounds to believe the problem cannot be solved while the child remains at home.
The grounds for removal include: inadequate care, abuse, the child’s own substance abuse, criminal behaviour, or severe social difficulties.
Does Danish law apply to
foreign nationals?
Yes, without exception. Barnets lov applies to all children present in Denmark, regardless of the child’s or parents’ nationality. Ankestyrelsen (the Appeals Board) confirmed this principle in its landmark ruling C-32-00 (2000), and Ombudsmanden (the Parliamentary Ombudsman) confirmed in 2020 that there is a clear legal basis for removing children of asylum seekers and undocumented parents.
Your nationality does not itself constitute grounds for child removal. A removal must always be based on an assessment of the child’s specific situation and the conditions in the home.
Your rights as a parent
- Right to a free lawyer (chosen by you, not the municipality).
- Right to be heard before the Children and Young People’s Committee.
- Right to see all case documents (aktindsigt / access to file).
- Right to an interpreter during all proceedings.
- Right to appeal to Ankestyrelsen (the National Social Appeals Board).
- Right to have the decision reviewed by the family court (domstolsprøvelse). Right to protection under
- ECHR Article 8 (right to private and family life).
The ECHR Article 8 dimension
The European Convention on Human Rights (ECHR) Article 8 guarantees the right to respect for private and family life. Any state interference — including child removal — must be necessary in a democratic society and proportionate to the aim pursued. The courts and Ankestyrelsen must always assess whether child removal is the least restrictive sufficient intervention.
The process step by step
- The municipality’s social services assess the child’s situation and may initiate a child welfare investigation (børnefaglig undersøgelse, § 20 of barnets lov).
- If removal is considered necessary, the social worker submits a referral (indstilling) to the Children and Young People’s Committee.
- You are informed of the hearing and receive the case documents — typically one week before the hearing.
- The Committee holds a hearing at which you and your lawyer can present your views.
- The Committee makes its decision. If removal is ordered, it takes effect immediately.
- You can appeal to Ankestyrelsen within four weeks.
- You can request judicial review by the family court if you disagree with Ankestyrelsen’s decision.
Why choose Globe Advokater?
- Full English-language service in an extremely sensitive and time-critical situation.
- Experience with cases involving foreign nationals, including asylum seekers and expats.
- Deep knowledge of both Danish child welfare law and international human rights law (ECHR, UN Convention on the Rights of the Child).
- We act fast — contact us the moment you receive notice of proceedings.
Can my child be removed if I have no legal right to stay in Denmark?
Yes, if the conditions in barnets lov § 47 are met, a child can be placed outside the home regardless of the parents' immigration status. The Ombudsman confirmed in 2020 that the legal basis for this is now clear. However, the removal must still be proportionate and consistent with ECHR Article 8.
What if I disagree with the municipality's decision?
You can appeal to Ankestyrelsen (National Social Appeals Board) within four weeks. Your free lawyer will help you draft the appeal. If Ankestyrelsen upholds the decision, you can then take the case to the family court.
Over 20 years of practical experience in handling cases
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At Globe Advokater, we make a difference for our clients
Confidence
As the client's trusted adviser, lawyers play a very special role in society. We help people in important, difficult, and sensitive situations. The rules and requirements in the field of immigration can be complicated to understand. Complex and incomprehensible rules require specialised legal advice.
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As a smaller law firm, we value offering our clients specialist knowledge, dignity, and availability. Our advice is based on the highest degree of professionalism. If you need to talk more, don't hesitate to contact us. We are available and it is non-binding and free to contact us.
Experience
We know immigration law both in detail and in depth. We have over 20 years of practical experience in handling immigration law cases. We have worked in all relevant offices in the Ministry of Immigration and Integration. This makes us one of the professionally strongest law firms within our field.
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