Forældreansvaret

Forældreansvaret, which translates to parental responsibility, is a fundamental legal concept in Danish family law. It encompasses the rights and duties that parents have towards their minor children. This responsibility begins at birth and continues until the child reaches the age of 18 or is otherwise legally emancipated. The core of forældreansvaret lies in ensuring the child's well-being, development, and upbringing.

Key aspects of parental responsibility include the obligation to provide care, education, and protection for the child. This means parents are responsible for their child's physical and mental health, their social development, and their education. They have the right and duty to make decisions about the child's upbringing, including matters related to their schooling, religious upbringing, and medical care.

Custody and access are significant components of forældreansvaret. While traditionally one parent held sole custody, current Danish law emphasizes joint custody (fælles forældremyndighed) for both parents, even if they are not married or living together. This joint responsibility means both parents must agree on major decisions concerning the child. Where parents live separately, the concept of "samvær" (contact or access) ensures that the child maintains a relationship with the parent they do not live with.

The law presumes that it is in the child's best interest to have a relationship with both parents, and decisions regarding custody and contact are always made with the child's welfare as the paramount consideration. If parents cannot agree on these matters, the Danish Family Law Agency (Familieretshuset) can mediate or make binding decisions.