Care in shared custody families - Get a grip on the rules

From family lawyer Helene Treschow, Forum Advokater, Havnevej 3, 4000 Roskilde, tel. dir. +45 46380389, email: htr@forumadvokater.dk

What do you do if your child's mother or father does not want to hand over the child's passport to you?

If your child has a passport… Then the passport generally follows your child. If your child's mother or father does not want to hand over the passport, the enforcement court may assist in obtaining the passport. If you are a shared custody parent, it is a prerequisite that you have the right to take your child out of the country.

And what can you do if your child's mother or father does not want to sign an application for passport issuance?

If your child does not have a passport, and you have sole parental authority… Then you as the custodial parent can apply for a passport to be issued for your child, without the shared custody parent needing to consent to the passport issuance.

If your child does not have a passport, and you have joint parental authority… Then both of you must generally sign the passport application. If your child's mother or father does not want to sign, you can do the following:

The passport application is submitted to Citizen Service in your municipality. You must bring your child with you, and you must also bring your child's original baptism, name, or birth certificate, your child's health card, and a passport photo. 

After that, the passport application will initially be rejected. It will be rejected because it does not have both of your signatures. The municipality will then ask if the passport application will be upheld. You will confirm this, after which the municipality will send the application to the police. You must document that you have tried to get your child's mother or father to sign the passport application, e.g., emails or texts. It is also a good idea to bring a copy of such emails or texts that you have sent to your child's mother or father when you go to Citizen Service. Such emails or texts can have significant importance for the police's willingness to allow passport issuance.

If you do not have such documentation, try once more to send your child's mother or father a text or email, or a registered letter, asking for a signature on the passport application, or for a reason why he/she does not want to sign. The other parent will be heard about why they do not want to sign the passport application. If the parent does not have a reasonable explanation for it, the police will likely grant permission for your child to be issued a passport. Therefore, the police can grant permission for a passport to be issued to your child, even if the other parent has not consented to it.