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Divorce and children When you separate and you have children to which you are both the parent, you must decide on residence and future framework of your child/children.

You may apply to have the issues of custody and residence processed in Denmark if your child/children have legal residence here. In certain circumstances, the application may also be processed in Denmark when the child has stayed / is only staying here for a short time. Especially if it is an urgent matter. Finally, the application may also be processed in Denmark if it is a case of child abduction and the child was legally residing in Denmark immediately prior to the abduction.

Custody, residence and access

As a starting point, you and your spouse continue to enjoy joint custody following divorce. This means that you must agree on important questions relating to your child.

Since your child only can have one registered legal residence, you must decide which address this should be and must agree on an arrangement for access. If you cannot agree on custody, residence and access, the State Administration may be of assistance. If you wish for their assistance, you should apply to the State Administration accordingly.

You will then be called to a meeting at the State Administration, where you will be offered assistance in identifying the solutions, which best serves the interests of your child. A attorney and a children’s expert will chair the meeting. The purpose of the meeting is to identify the needs of your child and, thus, the solutions, which best serves the interests of your child/children.

If you are unable to reach an agreement, you may request that the matter is referred to the court, which will then issue a decision.  However, the State Administration must always settle a dispute on access. You therefore risk that the court decides on the issue of residence, and then refers the issue of access back to the State Administration.

If you disagree on the arrangements for your child, you should each contact a divorce attorney. If you have difficulty discussing matters, it may be required for your attorney to attend the meeting at the State Administration.