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Free Guide to Hiring a Family Lawyer
Child visitation - known in Danish as samvær - covers a separated or non-resident parent’s contact with a child. In Brabrand, which is part of Aarhus Municipality, visitation issues are governed by national Danish family and child welfare law. The child’s best interest is the primary legal consideration. Local authorities and state-family bodies aim first to help parents reach an agreement by mediation. If parents cannot agree, state family services or the courts can make a binding decision on parental responsibility, residence, and visitation schedules.
You may need legal help in child visitation cases for several common reasons - to protect your parental rights, to respond to refusal or obstruction of contact, to request changes to an existing agreement or court order, or to handle complex situations such as allegations of abuse, relocation abroad, or when the other parent seeks sole custody. A lawyer can explain relevant law, prepare and present your case to the family authority or court, advise on evidence and documentation, and work to achieve enforceable arrangements that prioritise the child’s welfare.
Key legal points relevant in Brabrand include the following:
- The child’s best interest is the guiding principle in all decisions about custody and visitation. The child’s age and maturity affect how much weight is given to the child’s own views.
- Parental authority - forældremyndighed - normally remains with both parents unless a court changes it. Residence - bopæl - determines where the child lives day to day.
- Parents are encouraged to agree on a samværsplan - a visitation plan - either privately or through mediation with Familieretshuset or municipal family services.
- Familieretshuset is the state body that handles many parental responsibility and visitation cases and offers mediation and assessments before a court case in many situations.
- If mediation fails, the matter can be brought before the local district court - for Brabrand residents that is Aarhus Byret - which has authority to issue binding orders on custody, residence and visitation.
- Enforcement of court orders is possible. If a parent refuses to comply, there are legal steps including enforcement procedures through the enforcement court - fogedretten - and in some cases adjustments to custody. Courts may also order supervised visitation when safety concerns exist.
- International matters such as parental relocation or suspected international child abduction are treated under international treaties such as the Hague Convention. These cases can be urgent and handled by the Danish central authority and the courts.
Parental authority - forældremyndighed - concerns the right and duty to make important decisions about a child’s upbringing, education and health. Visitation - samvær - is the right for a non-resident parent to spend time with the child. A parent can have visitation without having sole parental authority, and vice versa.
Parents are encouraged to make a written samværsplan. If you cannot agree, contact Familieretshuset for mediation and help drafting a plan. If mediation fails, you can apply to the family court to have a binding visitation order imposed.
If a parent unlawfully denies access, document dates and attempts to arrange contact. Contact Familieretshuset or the municipal family department to seek mediation or an enforcement order. If urgent, a lawyer can advise on applying to the court for an immediate order and subsequent enforcement through the enforcement court.
Yes. If there are concerns about the child’s safety - for example worries about abuse, neglect or substance misuse - a court can order supervised visitation or limit contact. Authorities may also require professional assessments and follow-up from social services.
Children’s views are taken into account in Denmark, especially as they grow older and more mature. Courts and family services will often speak with the child or a professional assessor to understand the child’s wishes and balance those with safety and welfare concerns.
Moving abroad with a child when the other parent has parental authority or visitation rights is legally sensitive. You generally need either the other parent’s consent or a court order. Unilateral removal can trigger international legal procedures under the Hague Convention, and will usually lead to urgent court intervention.
Useful evidence includes written communication about visitation attempts, a diary of missed visits, emails and messages, school or childcare reports showing impact on the child, any professional reports from doctors or social workers, and witness statements from family or friends. A lawyer can help organise and present this evidence effectively.
Lawyer fees vary. In Denmark, legal aid - fri proces or retshjælp - may be available in family matters under certain income and case criteria. Familieretshuset offers mediation and can guide whether legal aid is possible. Contact a lawyer for a fee estimate and check whether you qualify for legal aid before proceeding.
If you suspect international abduction, act quickly. Contact the Danish central authority for international child abduction matters and seek immediate legal advice. Cases under the Hague Convention are treated urgently and aim to return the child to the country of habitual residence while custody is resolved.
Start by contacting Familieretshuset or the family department of Aarhus Kommune to request mediation. If the situation is urgent or involves safety risks, consult a lawyer promptly and be prepared to apply to the court. Keep clear records of communications and any incidents that affect visitation.
Recommended organisations and bodies to contact for assistance in Brabrand and Aarhus area include:
- Familieretshuset - state family law service for mediation, guidance and administrative decisions.
- Aarhus Kommune - family and child welfare services for local support, assessments and social work involvement.
- Aarhus Byret - the local district court where court applications on custody and visitation are heard.
- Fogedretten at the district court - for enforcement of court orders.
- Danish Bar and Law Society - for finding an authorised family law lawyer.
- NGOs and support organisations such as Børns Vilkår and Red Barnet for information and support aimed at children and families.
- Local legal aid clinics and advice centres - for preliminary legal guidance and information about eligibility for legal aid.
If you need legal assistance with child visitation in Brabrand, follow these practical steps:
- Gather documentation - record attempts at contact, messages, school information and any professional reports relating to the child.
- Contact Familieretshuset or the family department at Aarhus Kommune to request mediation or an assessment.
- Consider a consultation with a family law lawyer - ask about experience with visitation, likely costs and eligibility for legal aid.
- If safety is a concern for the child, notify social services and seek urgent legal advice about emergency court measures or supervised visitation.
- If an agreement is reached, put it into a written samværsplan and consider making it a court order if you need enforceability.
- If the case is complex or international, act promptly and involve a lawyer who understands cross-border family law.
Taking clear, documented steps and using local mediation services can often resolve visitation disputes without lengthy court proceedings. When matters cannot be resolved informally, legal representation helps protect your rights and the child’s best interests.
