The above illustrates the differences between the three concepts. This essentially means that one can have visitation without necessarily having shared custody, or vice versa. For example, as the residential parent, you have sole authority to choose the child's institution, but you must agree with the other parent regarding school choice.

Disagreements

In most cases, parents disagree about who should be the visitation or residential parent, or they disagree about the extent of visitation. In these cases, it may be crucial to bring the matter before Familieretshuset. Depending on the type of case, after examining the matter closely, including meetings and any child interviews, Familieretshuset will either refer the case to the Family Court for a verdict or decide on the matter itself.

In any case, Familieretshuset cannot make decisions regarding custody and residence, so it will refer the matter to the Family Court in such instances. However, Familieretshuset can make decisions in visitation cases that are not complex.

Temporary decisions

In some cases, there may be a need for an urgent decision. These cases cannot wait for a judgment from the Family Court or a decision from Familieretshuset. For example, if the residential parent chooses to move with the child, you can apply for temporary changes to the child's residence, or if contact has been disrupted, you can apply for urgent contact-preserving visitation or temporary visitation.

In extremely rare cases, a decision may be made to temporarily terminate joint custody. Regardless of whether your case is pending in Familieretshuset or the Family Court, temporary decisions can always be requested.

All decisions are made based on what is best for the child.

Agreement

If you agree on the extent of visitation and the child's residence, we can help you formalise your agreement as specifically as possible so that there is no confusion in the future regarding who has the child during vacations, etc. and so that, if there is any breach, assistance can be sought from the Family Court instead of filing a case with Familieretshuset.

Additionally, you can agree that the child will have shared residence.

We recommend that an agreement be drawn up in all cases, regardless of agreement and good cooperation, to ensure that there are no misunderstandings in the future that could disrupt the good cooperation.

You can read more about the types of documents we prepare under our "documents" page by clicking here.

Child support

The extent of visitation and the income of the liable parent are relevant factors in determining whether child support should be established and, if so, the size of child support.

If the child spends roughly equal amount of time with both parents and both parents fulfill their financial obligations, child support may not be required. The rule of thumb is that if the child stays with the visitation parent for four to five nights over a 14-day period, this parent is generally liable for child support.

You must then consider the income of the visitation parent and calculate the amount of support based on this.

However, if you have an 8/6 or 7/7 arrangement, it suggests that the visitation parent may not be required to pay child support.

Finances

It is not possible to apply for legal aid when your case is being handled in Familieretshuset. However, on your behalf, we can apply for legal aid once the case reaches the Family Court, if you meet the financial criteria.

Read more about finances during you case.

We are specialists

Over the years, we have had cases in the Statsforvaltningen,  now called Familieretshuset, and have had cases in the Family Court. Our practical knowledge in the field allows us to know when to act and how, and when to be quick with applying for temporary decisions or if the case can withstand waiting.

The earlier in the process you contact us, the better our chances of helping you.