By Elena Giannattasio, HAGUE Convention Lawyer in New York, Multi-Jurisdictional Divorce, PLLC

Our office handles international family law matters with a Danish connection, working closely with experienced counsel in Denmark where appropriate. These cases frequently involve overlapping custody rights, cross-border movement of children, and both civil and criminal consequences under Danish law.

We advise on:

• Divorce matters governed by Danish law
• Danish marriage contracts and marital agreements
• International parental child abduction to and from Denmark
• Cross-border child visitation and access disputes
• International child custody and relocation involving Denmark

When Denmark is involved, early legal guidance is critical. Danish law takes a firm position on parental consent and child relocation.

Criminal Parental International Child Abduction in Denmark

Under Section 215 of the Danish Criminal Code, the abduction or unlawful retention of a parent’s own child may constitute a criminal offense.

A parent may not take a child who is habitually resident in Denmark out of the country, or retain the child abroad, under the following circumstances:

• The other parent has sole custody and has not consented to the child’s removal; or
• The parents have joint custody, or custody is under dispute, and:
  • The other parent has not consented, and
  • No court or administrative decision authorizes the child’s relocation or continued residence abroad; or
• Custody has been transferred to the other parent because the child remained abroad longer than permitted.
  Criminal liability arises where the parent abroad knew or should have known that custody had changed.

Violations can carry serious criminal penalties, including imprisonment.

When Removal Is Permitted

A parent may lawfully take a child habitually resident in Denmark abroad only when:

• The parent has sole custody; or
• The Agency of Family Law / State Administration or a court has expressly authorized travel for a limited period; or
• A court has issued a decision allowing the child to take up residence abroad.

Absent one of these conditions, removal may expose the traveling parent to both criminal prosecution and Hague Convention proceedings.

Child Abduction Prevention Under Danish Law

Denmark has implemented robust preventive measures designed to stop wrongful removals before they occur. These measures reflect Denmark’s obligations under the Hague Convention on the Civil Aspects of International Child Abduction.

Civil Law Safeguards

• A parent with sole custody may determine the child’s residence, including outside Denmark.
• A parent without custody may not take the child abroad without consent.
• Where parents share joint custody, both parents must consent to international travel if custody is disputed.
• During custody proceedings, courts may grant temporary custody to one parent.
• In urgent cases, the Ministry of Justice may intervene administratively if there is a real risk of abduction.
  

Criminal Enforcement Measures

Under Danish criminal law:

• Wrongful international removal of a child may result in imprisonment of up to four years.
• Police may intervene immediately where there is evidence of imminent departure without consent.
• Authorities may remove the child from the attempting parent and place the child with the other parent.

These protections apply whether the non-abducting parent has sole custody or the parents share joint custody.

Court Orders During and Before Proceedings

• Courts frequently issue temporary custody orders during disputes.
• Such orders may restrict the non-custodial parent’s ability to collect the child from schools or childcare facilities.
• In emergency situations, courts may issue out-of-hours or ex parte orders to prevent imminent abduction.

Administrative intervention is typically reserved for situations where there is a demonstrable and immediate risk of removal.

Strategic Considerations

Denmark treats unauthorized child relocation as both a family law violation and a criminal matter. Consent, timing, and procedural posture are decisive.

Strategic Considerations in Cross-Border Cases Involving Denmark

When Denmark is involved, international child-abduction risk and relocation planning must be addressed at the outset, with careful attention to Hague Convention obligations and Denmark’s specific procedural and enforcement framework. While Denmark is a Hague Contracting State, effective outcomes depend on more than formal treaty status alone.

Effective representation requires early risk assessment, precise jurisdictional analysis, and coordination with experienced Danish counsel to ensure that Hague remedies, local procedures, and enforcement realities remain aligned. Once a child crosses borders, legal options can narrow quickly and enforcement dynamics may shift.

At Multi-Jurisdictional Divorce, PLLC, we advise parents to act before borders are crossed, not after. If Denmark is part of your family’s legal landscape, early, coordinated strategy can be decisive. Cross-border child disputes demand precision, foresight, and timely legal guidance to protect what matters most.