From family lawyer Helene Treschow, Forum Advokater, Havnevej 3, 4000 Roskilde, tel. dir. +45 46380389, email: htr@forumadvokater.dk
We have just stepped into the first summer month of the year, and the countdown to the summer vacation has begun. In shared custody families, the children's and adults' dreams of summer vacation can be replaced by despair, especially if the cooperation is already strained. Read here in a little guide, and get answers to what applies to you.
Can I take our shared children on vacation to the south during the summer holiday, when we have joint custody?
Yes, you can.
And by south, I don't just mean Lolland. You are welcome to travel to Mallorca, Greece, or similar places. When you have joint custody, both of you may travel abroad with your shared children during the weeks you have summer vacation with the children. You do not need to ask the other parent for permission, regardless of whether you are the custodial parent or the residential parent. If there is a ruling that limits or revokes the right to visitation with your shared children abroad, you may have to “settle for” vacationing in Lolland or other places here in Denmark, or in the other Nordic countries.
Can I take our shared children on summer vacation abroad when I have sole custody, without asking the other parent for permission?
Yes. You may travel abroad with your shared children, even without the other parent's consent.
I do not share custody, but I have a visitation ruling – can I then travel abroad with our shared children during the summer vacation?
No. The visitation ruling only grants you the right to visitation in Denmark and in the other Nordic countries. If you wish to travel abroad with your shared children during the summer vacation, you will need to obtain consent from the custody holder. If that is not possible, you should contact the Family Court and ask them to look into it. Permission is often granted for a vacation or family visit abroad, unless there is a risk of abduction of the children. It is considered a natural part of family life to travel south.
We do not agree on custody – can I then travel abroad with our shared children during the summer vacation?
If you can obtain consent from the other parent, then yes. If you cannot, you can contact the Family Court and apply for permission.
With these words, I wish you and your family a really lovely summer vacation. If you need to know more about the law in shared custody families, you are welcome to contact Helene Treschow.
Helene Treschow is a family lawyer. Since 2006, she has primarily worked with family law. Working as a lawyer takes up a large part of Helene's life, and she is passionate about making a difference for the families she meets along the way. Among other things, that is why she writes about family law issues here on Mammashops Mammazine. Helene is currently a lawyer at Forum Advokater.
Read more and contact Helene →