Moving abroad

If you are considering moving abroad with your child, you must make sure that you can lawfully move with the child.

Duty of notification

Under the Danish Act on Parental Responsibility, the parent who intends to change his or her place of residence or that of the child to another location in Denmark or abroad is required inform the other parent of this intention not later than six weeks before the impending move (section 18).

The purpose of this duty of notification is to give parents time to talk about how contact with the child can be maintained.

The duty to notify the other parent applies whether you have joint custody or not. The duty of notification also applies to the parent having rights of access.

 

If you have joint custody

If you have joint custody, the parent with whom the child lives is entitled to decide where in Denmark the child shall live. If one parent wants to move abroad, to Greenland or to the Faroe Islands with the child, you both have to agree on it.

If you do not agree on where the child shall live, one parent cannot lawfully move abroad with the child. This does not apply, however, if the court has decided that the child is to live abroad (second sentence of subsection (1) of section 17).

 

If you have sole custody

If you have sole custody, you are allowed to move abroad with the child without the other parent’s consent. The parent having custody is entitled to decide where the child shall live and reside.

You still have to notify the other parent of the move, however.

 

If you do not have custody

If you do not have custody, you are not allowed to move abroad with your child. If you do move abroad with the child, it is a case of child abduction.