Joint custody decision

The new Danish Parental Responsibility Act entered into force in 2007. The Act strengthens the child’s perspective in cases about parental responsibility and provides courts with the possibility to decide that there should be joint parental custody against the will of one of the parents. This report describes the impacts of this legislation by analysing legal practices in Danish city courts.
The survey shows that the child’s perspective is considered in more than 50 percent of the cases, often in difficult and complex cases, and it shows whether the decision of the judge directly affects the childrens’ day-to-day-life. It also shows distinctive differences between the different judicial districts: Some judicial districts are more likely to grant joint custody than others.
The survey also focuses on what happens once the parents leave the courtroom. In general, parents with a decision on joint custody co-operate more about the child than parents with a decision on sole custody. Yet only half the parents with a decision on joint custody are able to agree on important decisions concerning the child’s affairs.
The survey is based on field work at three Danish city courts, a review of all city court cases on custody from 2009 and a questionnaire survey among parents with a custody liability case in that year. The survey has been commissioned and financed by the Department of Family Affairs.