Holdningsbestemmelse

Holdningsbestemmelse is a legal concept in Danish law that pertains to the determination of the legal status of a child in cases of separation or divorce. It is a crucial aspect of family law, as it aims to ensure the child's best interests are protected and that the child's relationship with both parents is maintained. The holdningsbestemmelse is made by a judge based on the child's best interests, taking into account various factors such as the child's age, the parents' relationship, and the child's wishes, if they are of sufficient age and maturity to express them.

The holdningsbestemmelse can result in different legal statuses for the child, including:

1. Joint custody: Both parents share legal custody of the child, and decisions regarding the child's upbringing are made jointly.

2. Sole custody: One parent has full legal custody of the child, and decisions regarding the child's upbringing are made by that parent.

3. Parental responsibility: Both parents share responsibility for the child's upbringing, but decisions regarding the child's upbringing are made by one parent, with the other parent having the right to be consulted.

The holdningsbestemmelse is a dynamic concept, meaning that it can be changed if the circumstances of the child or the parents change significantly. This ensures that the child's best interests continue to be protected, even as the child grows and the family situation evolves.

The holdningsbestemmelse is governed by the Danish Family Court Act and the Danish Civil Law. It is an essential tool in Danish family law, providing a framework for resolving disputes between parents and ensuring that children are protected and cared for in all family situations.