Fastsættelsen

Fastsættelsen refers to the legal process in Denmark where a court determines the specific terms and conditions of a child's upbringing and custody following a separation or divorce. This process is guided by the principle of prioritizing the child's best interests. It covers crucial aspects such as where the child will live primarily (bopæl), how parental responsibilities will be shared (forældremyndighed), and the arrangements for contact between the child and the parent with whom the child does not primarily reside (samvær).

The objective of fastsættelsen is to create a stable and supportive environment for the child. Courts will consider various factors, including the child's age, maturity, relationship with each parent, and any expressed wishes of the child, depending on their age and understanding. The process can be initiated by either parent, and legal aid may be available. In many cases, parents are encouraged to reach an agreement outside of court through mediation, which can lead to more amicable and sustainable solutions. However, if an agreement cannot be reached, the court will make a binding decision. The court's decision on fastsættelsen can be reviewed and potentially modified if significant changes occur in the family's circumstances.