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Private law
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.
Kapitel 01
Section 01 - Introduction
Globe Advokater - Copenhagen
Introduktion
If we decide together to proceed with your case, we send you a clear price quote covering exactly what our advice includes.
Our fee is fixed, so you know your costs up front. Full transparency.
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How we work
We are honest about the likely outcome and set expectations early. You get a clear overview of process and costs.
Several of our lawyers have worked at the Danish Immigration Service (SIRI) and the Immigration Appeals Board. That experience benefits you.
You have one dedicated lawyer on your case, who knows every detail and is available throughout.
Section 02
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.
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:
The grounds for removal include: inadequate care, abuse, the child's own substance abuse, criminal behaviour, or severe social difficulties.
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.
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.
No. The municipality is obliged to review the case regularly and must consider whether the child can be returned home (hjemgivelse) when circumstances change. Globe Advokater can advise you on what changes are needed and how to apply for the child's return.
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.
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.
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.
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.
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.
Our fee is fixed where possible; state-appointed representation is free of charge to you in the qualifying stages.
From DKK 5,000
Free (state-appointed lawyer)
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. 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.
Why Globe Advokater
At Globe Advokater you receive specialised advice from lawyers with in-depth experience within immigration and private law. We place emphasis on personal contact, high professional standards and clear expectations about the process, options and costs.
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.
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 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.
Bredgade 30, Copenhagen
“We believe good advice starts with listening. Every case deserves time, care, and honest expectations.”
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Section 03 - The numbers
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