The countdown to the autumn holiday has begun for many families with children. In shared custody families, there can be a lot of tug-of-war about what is allowed and not allowed during the holiday.
We have joint custody – can I take our children south?
Yes, you can, when it is your turn to have the children (usually, you alternate from year to year). And you do not need to ask for permission from the other parent - regardless of whether you are the custodial parent or the residential parent. Unless you have a ruling that restricts or completely revokes visitation abroad. Then you must “settle” for an autumn holiday in Denmark or in the other Nordic countries.
I have sole custody – does the other parent need to give permission for me to travel south with the children?
No. But it is a good idea for the sake of cooperation to inform them about it.
Can I travel south with our children when I do not have shared custody?
No. Not even if you have a visitation ruling, as it only grants you the right to visit in Denmark and the other Nordic countries. If you can get the custody holder to say okay, you are welcome to travel south with your children. Alternatively, you can contact the Family Law House, which will generally grant permission, as it is a natural part of family life to go on holiday abroad.
Can I travel south with our shared children when we do not agree on custody?
Only if you can get permission from the other parent. Otherwise, if the Family Law House grants permission.
Have a great autumn holiday. If you need to know more about the law in shared custody families, feel free to email me at htr@forumadvokater.dk, or call me at 53737179.
