Child abduction

Child Abduction

If your child has been abducted to, or is retained in a Hague Convention state, you may apply to have your child returned. In Denmark, the Ministry for Children and Social Affairs receives and transmits applications from parents for the return of their children.

If your child has been abducted to, or is being retained in, a non-convention state, the Danish Ministry for Foreign Affairs handles your case.

Acute assistance on suspected child abduction

If you suspect or have actual knowledge that the other parent is about to leave Denmark with your child without your consent, you must call the police on telephone number 114.

The police decide whether there is an acute need for intervention. After you have contacted the police, you must contact the Child Abduction Unit 24-hour hotline on telephone number 4050 5026.

Contact a lawyer

You should also contact a lawyer specialising in child abduction.

These types of cases are characterised by numerous pitfalls and both international rules and national legislation in the country to which your child has been abducted (known as the “recipient country”) which may hamper, or even hinder, the return of your child.

A lawyer experienced in handling child abduction cases will be able to help you understand the rules and will operate as the point of contact with e.g. the Ministry for Foreign Affairs, the Ministry for Children and Social Affairs as well as the Danish police. Helping to ensure appropriate government resonse.

The Danish Ministry for Children and Social Affairs has published a list of lawyers who specialise in child abduction. This list appoints three lawyers in Jutland (“Jylland”), one in Funen (“Fyn”) and five in Zealand (“Sjælland”). There are four Advodan lawyers on the list. Their contacts details are listed below. We advice you to contact a lawyer as soon as possible.

Legal aid costs

You may apply for legal aid covering part of the costs incurred in the child abduction case – regardless of the “recipient country” of your abducted child.

You may be entitled to legal aid through your private legal expenses insurance – not only covering the cost of a Danish lawyer, but typically also covering the usually significant fees of a lawyer agent in the recipient country. You may also apply for legal aid through the Ministry for Children and Social Affairs covering a significant portion of the costs of both your own local lawyer and the lawyer agent.

You will also have to pay an array of expenses yourself – typically travelling to and from the recipient country in connection with the return of the child. You may apply for legal aid to cover the costs of participating in court hearings, at which your attendance is required. Your lawyer will take you through the specific rules at the start of the case.

The actual costs of collecting and bringing your child home may be reimbursed by application to the Ministry for Children and Social Affairs.

Access to abducted children

Often, obtaining a decision on access to an abducted child is immensely difficult – regardless of whether the child is being retained in Denmark or abroad, and regardless of whether the child has been abducted to or from a convention state or a non-convention state.

Thus, the issues are identical irrespective of the type of child abduction. If e.g. a child is abducted to Denmark, an application for the child’s return must first be submitted to a local central authority and then it is forwarded to the Danish central authority. The application is referred to a local Danish enforcement court, which is then obliged to issue a decision within a six-week time frame. However, the obligation does not carry any sanctions and the processing of many applications exceeds the six-week period.

The alleged abductor may refuse the other parent access to or contact with the child. Several months may pass from the commencement of the procedure until the final decision is issued by the court. And, occasionally, the making of a final decision is delayed because further documentation needs procuring and the child needs interviewing to establish his perspective on the situation.

While the application is pending, it is usually not possible for the parent, from whom the child has been abducted, to contact or see the child. Basically, there is no one national authority who has jurisdiction to decide on the issue of access. Insofar as the child is residing in Denmark illegally, the enforcement court may only decide on the issue of whether the child should be returned in accordance with the provisions of the Hague Convention.

The State Administration does not have the authority to decide on access in as much as the child remains subject to the jurisdiction of the country from which it has been abducted.

However, if you make an application for a decision on access to the country of origin, there is no obligation on the Danish authorities to accept the decision issued by the country of origin. For all practical purposes, access is therefore limited to that which may be agreed between the parents.