International family law

INTERNATIONAL FAMILY LAW

Visitation, custody and residence across borders

Visitation is determined according to the rules of the country where the child resides. This means that the authorities in the child's country of residence will decide on the matter of visitation.

We can assist you in submitting your application to the Ministry of Social Affairs and the Interior, which will forward your application, etc., to the relevant authorities in the child's country of residence. The Ministry acts as an intermediary, ensuring that your case is processed correctly.

Visitation with a child living in Denmark while you live abroad

If the child lives in Denmark, Denmark is the country with jurisdiction over visitation matters.

Visitation across national borders can be complex to arrange, but it is important to maintain a strong relationship between the child and both parents.

As a resident abroad, you can also apply for custody and residence regarding a child living in Denmark. You can also apply to move the child, who resides in Denmark, to abroad, and such a case must also be initiated in Denmark.

Case on permission to move with the child Abroad in case of disagreement

If you wish to move with your child abroad and the other parent with custody does not consent, it is important that you do not just move with the child abroad but instead initiate a case regarding the move with the child abroad.

In cases of custody and residence, the family court can decide that a child may reside with a parent who lives or intends to settle abroad, in Greenland, or the Faroe Islands. The decision is always made with the child’s best interests in mind, as stipulated in the Parental Responsibility Act, § 1 and § 4.

When deciding on residence abroad, the family court will, among other things, consider what is in the child’s best interests, including whether the parent remaining in Denmark can still maintain good contact and exercise responsibility for the child.

Several previous cases illustrate how these rules are applied:

• TFA 2023 250 V: Two children were granted residence with their mother, who could take residence in Hungary.
• TFA 2023 353 Ø: Three children were granted residence with their mother, who settled in the USA.
• TFA 2021 185/2 Ø: A child was granted residence with their mother, who wanted to settle in a Baltic country.
• U 2021 5193 H: The Supreme Court ruled that the custodial parent may move abroad with the child if it is in the child's best interests. In this case, the child could reside with the mother in Sweden.

There are also cases where residence abroad was denied, such as in TFA 2019 62 Ø, where a child could not reside with their mother in Australia.

Illegal move of the child abroad

If one of the parents wishes to move abroad with the child, it generally requires the consent of the other parent if there is joint custody. If there is no joint custody, the move must be notified by the custodial parent to the visiting parent within 6 weeks, and the visiting parent may, in this case, apply for temporary joint custody to prevent the move. When a custody case is pending, it is also not allowed to travel abroad without the consent of the other parent, even if it is for a holiday. Read more about traveling under custody cases here. 

It is not possible to move abroad if you do not have joint custody or, if there is joint custody, without the consent of the other parent or without a decision permitting the move by the court in case of disagreement.

A move without meeting the above conditions will legally be defined as child abduction, which is both illegal and punishable.

Child abduction is a serious situation that occurs when a child is illegally removed from their home country.

Child abducted abroad

It is very important that you act quickly if you find yourself in a situation where your child has been abducted abroad.

You should immediately do the following:

• Contact the police – if you contact the police quickly, they may be able to prevent the abduction. Contact the police at phone number 114.
• Contact the coordinations unit for child abductions.

We will guide you through the necessary steps to get your child back, including reporting to the police and cooperating with relevant authorities. We can help you apply for temporary (urgent) suspension of joint custody.

Child abducted from another country to Denmark

If you are in a situation where you have illegally taken your child from another country to Denmark, and the other parent has initiated a child abduction case in Denmark for repatriation, we can assist you with this case. Conversely, we can also assist you if your child has been abducted to Denmark.

Initially, the court will decide whether the situation constitutes illegal abduction to another country and then decide whether the child should be returned.

In some cases, despite the illegal abduction, no decision will be made regarding the return of the child. All decisions must be made based on the best interests of the child. If it is not in the child’s best interests to be returned, no decision will be made regarding repatriation.

One or more of the following conditions may indicate that repatriation should not take place:

• The child's adjustment to the new environment: If more than one year has passed from the abduction or retention to the submission of the request and the child has adjusted to their new environment.

• Risk of harm to the child’s health: If there is a serious risk that the return would harm the child’s physical or mental health or place the child in a situation they should not be exposed to.

• The child’s own opinion: If the child opposes the return and it is assessed that the child has reached an age and maturity where their opinion should be considered.

• Fundamental freedom and rights principles: If the return conflicts with fundamental principles in Denmark regarding the protection of human freedoms and rights.

It is important to keep in mind that even if the court decides that repatriation should not occur, it is still illegal and punishable to abduct a child abroad, which may result in criminal consequences. A criminal case will typically be prosecuted in the country from which the child was abducted. In these cases, you must also be aware that you could be internationally wanted.