If you have expenses that are not covered by your personal legal expenses insurance or the rules on free legal aid in the country to which your child has been abducted or in which your child is being wrongfully retained, you may apply for legal aid through the Ministry for Children and Social Affairs.
Legal aid is a financial aid scheme. The rules are laid down in Part 6a of the Danish Act on Child Abduction.
You can apply for legal aid if you are the parent of a child or children abducted from Denmark to another country or wrongfully retained abroad, irrespective of whether or not Denmark cooperates under the conventions with the country to which your child has been abducted.
Legal aid may cover some of the most significant expenses you may incur in connection with legal proceedings to have your abducted child returned to you, but not all kinds of expenses are covered by legal aid.
To be eligible for legal aid, you must normally meet the following conditions:
- Your child must be abducted or wrongfully retained abroad
- Your child must be under the age of 16
- Your child must have had its residence in Denmark before the abduction
- Generally, the expenses involved must cover legal actions that are necessary to have your child returned
- The expenses must not be covered by a legal aid scheme or free legal aid in the country to which the child has been abducted, or by legal expenses insurance. You must submit documentation of the above.
Legal aid is independent of your income.
The Ministry for Children and Social Affairs determines whether you will be granted legal aid, as well as the amount of such aid.