CHILDREN

When you have children and no longer live together, questions or challenges can often arise that are about custody, residence, visitation and child support.

Our office specializes in matters of custody, residence and visitation, with the possibility of handling cases all the way to the Supreme Court. We can offer advise and assist you – whether you:

  • Just need to know your rights and opportunities
  • Wish to enter or draft agreements 
  • Considering starting a case in "Familieretshuset" or the Family Court
  • Have an ongoing case in "Familieretshuset" or Family Court
  • Can't get your child released for visitation
  • Have an acute situation where there is a need for change of custody, residence or visitation, as soon as possible, while the case is being processed with
  • Discontinued contact to your child
CUSTODY - RESIDENCE - VISITATION

Custody entails being able to make significant decisions about your child's circumstances, such as school choice, essential medical interventions, religion, moving abroad or name selection. Having a share in custody also provides the right to access information about one's child from public authorities and to be able to participate on an equal footing in the child's school and institutional life.

If you have a child together and move apart, you as a starting point continue to have joint custody. Here it is relevant to find out where the child will reside and how the child should have contact with the parent with whom it does not live.

However, there may be situations where a parent finds the need to seek joint custody dissolved in connection with the parental break-up, or at a later stage in the child's life. Likewise, there are parents who do not have custody, who would like to have joint custody established.

It is important to relate to the child's place of residence when moving apart. The residence parent can make decisions about predominant matters in the child's life. For example, it could be the choice of day care center and relocation within Denmark. It is with the residence parent that the child is at least half the time.

Visitation is the time that the non-resident has with the child. It is important that you have a clear visitation agreement, or have your visitation fixed.


  

THE PROCESS IN BRIEF

A case concerning custody, residence and visitation always starts with an application to "Familieretshuset."

"Familieretshuset" cannot make final decisions on residence or custody, but will convene a meeting and prepare the case before it is sent to the Family Court.

It is "Familieretshuset" that assesses whether a visitation decision can be made by them, with right to appeal the decision to the Family Court, or whether the case should be sent to the Family Court for a decision when it is properly prepared.

A decision of "Familieretshuset" can be appealed to the Family Court.

When you have a case with us, we will always guide and advise you in regard to your potential options of obtaining legal aid or legal aid coverage related to your particular case, and ensure applying on your behalf when there may be an opportunity to do so.

You are always welcome to contact us by email or phone, to briefly discuss how we can help you:


Child support

Is your issue about child support?

Child support is the amount that one parent in some cases has to pay to the parent with whom the child lives. How the child support is determined depends primarily on how much time the child spends with the parent with visitation rights, and how much that parent takes part in supporting the child. The child support amount depends, inter alia, on the supportor's income and the number of children dependent on the person.

In this regard, you should pay special attention if you are self-employed.

Among other things, we can help you with:

Advising on the rules of child support so you will know what they mean and affect you

Assist you in regard to a child support case in the "Familieretshuset" or file a complaint with the Family Court.

  

CHILDREN
CHILDREN
International family law issues:

Due to globalisation, marriages are often entered into across borders, which can lead to legal complications, if the parties are to be separated later. Prenuptial agreements can be difficult to interpret and enforce, a division of property can be  difficult to resolve, and clarification about shared children is also not easy. We help with family law issues in an international forum, and can connect with family law lawyers in several countries.

Child abduction:

If your child is brought abroad by the other parent without your consent, or if your child abroad is detained by the other parent, it may be international child abduction. In these cases, action must be taken quickly and we know how to approach the situation.

We also have extensive experience with cases, where one parent will not release the child to the other parent, while residing in Denmark. In this case it is not an international child abduction, and perhaps not at all child abduction in the sense of the law. In this situation, the scope for action is highly dependent on the circumstances;

  • For example, do you have custody or are you resident parent?
  • Do you have visitation with your child?
  • - and do you have an agreement or decision that can be enforced?

We can help you with how best to act based on your specific situation.

Good Advice/Tips:

Law firm Sonja Toft. We are committed to your cause.
RESIDENCE PARENT

Never voluntarily renounce the children's residence until you have spoken to an attorney.

Law firm Sonja Toft. We are committed to your cause.
CUSTODY

Never voluntarily waive custody until you have spoken to an attorney.

Law firm Sonja Toft. We are committed to your cause.
CHILD SUPPORT

Never make voluntary child support agreements because they often cannot be changed.

Law firm Sonja Toft. We are committed to your cause.
VISITATION

Always make sure you have a clear agreement on visitation, which can support your rights in Family Court.