Visitation cases affect your child’s and family’s daily life. The Agency of Family Law (Familieretshuset) and the Family Court (Familieretten) decide based on the child’s best interests, and early choices can greatly affect the outcome. Here you’ll find a brief overview of visitation, the process, and how a family law attorney (familieretsadvokat) can help from application to court representation.
Insight from Familieretshuset
Family law assistance across Denmark
Specialists in visitation cases
Quick help in Familieretshuset og Familieretten
Help from specialized family law attorneys in visitation cases
When visitation needs to be set or changed, you need a family law attorney (familieretsadvokat) who specializes in visitation cases (samværssager). Specialists know the decisive rules, processes, and pitfalls. With us, you meet a visitation team that handles many cases every year, including attorneys who previously worked inside the Danish Agency of Family Law (Familieretshuset) and the former called Statsforvaltningen. We know the internal workflows and practices in Familieretshuset and use that knowledge to provide the best legal help to parents, with the child’s best interests as our compass.
Why parents choose us as their family law attorney in visitation cases (samværssager)
Experience
All our visitation attorneys have many years of experience, and several have worked on visitation cases for more than 10 years. This means we know the processes and pitfalls in both the Agency of Family Law (Familieretshuset) and the Family Court (Familieretten).
Insight from both sides of the table
Several of our attorneys previously worked in Familieretshuset and Statsforvaltningen, helped make decisions about visitation and knows the process in detail, including what authorities emphasize.
Realistic solutions and assessments
Our experience allows us to give an early view of what is possible in your situation and whether it is wise to apply now or wait.
Partsrepræsentation
We are not just a support person(bisidder). We can speak on your behalf and ensure you are not pressured into agreements with unintended consequences.
Legal help tailored to your needs
We help with everything from a brief strategy and a proper application to full management of communications with the other parent, Familieretshuset, the Court and the municipality.
Quick response
Our visitation team responds quickly when you have an active case with us. We work with tight deadlines every day.
When to contact an attorney in a visitation case (samværssag)?
Whether you are facing your first visitation case, want to change attorney, or wish to modify an existing arrangement, a family law attorney (familieretsadvokat) can ensure the right guidance from the start. We assist with strategy, applications, and preparation, as well as representation at meetings in the Agency of Family Law (Familieretshuset) and in the Family Court (Familieretten).
First time setting visitation or requesting more visitation
Disagreement about visitation schedules (samværsordninger), for example 7-7, 9-5, or 11-3 schedules
When the child shows signs of distress or there are risk factors such as illness, substance abuse, or violence
If you feel pressured to accept an agreement in Familieretshuset and want to know the consequences before you answer
When there is a temporary decision or the case is heading to court
When you are going to the Family Court (familieretten)
When you need advice before a meeting in Familieretshuset
Contact one of our secretaries to get help from one of our family law attorneys (familieretsadvokater)
Contact one of our secretaries to get help from one of our family law attorneys (familieretsadvokater)
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What is visitation (samvær)?
The parent whom the child does not live, is the noncustodial parent (Samværsforælderen), unless the parents have agreed on shared residence. The parent whom the child does not live with applies to have visitation set, and visitation cannot be imposed against the will of the noncustodial parent (samværsforælderen).
The scope and exercise of visitation are established either by parental agreement or by a decision following an application to Familieretshuset or the Family Court (familieretten). Decisions are always made based on what is best for the child, so a parent does not have an unconditional right to visitation. Rather, the child has a right to visit the noncustodial parent (samværsforælderen). As the noncustodial parent (samværsforælderen), you may make day to day care decisions while the child is with you without consent from the custodial parent (bopælsforælderen). This covers things like activities during your time, meals, clothing, playdates, and bedtimes. Larger decisions such as choice of school, a passport, or significant medical treatment generally require consent and agreement from the other holder of parental authority and are not tied to visitation.
How a visitation case proceeds in the Danish Agency of Family Law (Familieretshuset)
All cases begin in the Agency of Family Law (Familieretshuset). In cases of ordinary disagreement, a meeting is held with a child expert (børnesagkyndig) to find solutions that serve the child’s best interests. If there are concerns about the child’s well-being or risk factors, an assessment meeting is held with both a child expert and a legal officer from the Agency.
The Agency of Family Law typically collects statements from the school or daycare, as well as from the municipality, the child’s doctor, and, if relevant, the police. School-aged children are generally offered a child interview, where they can express their views. A follow-up meeting is usually held, and if no solution can be reached, the case either proceeds to court or the Agency of Family Law may issue a decision.
Many clients tell us they have felt pressured into making agreements at meetings in the Agency of Family Law when they did not have an attorney present. We review all options and risks with you and ensure that any agreement is legally sound, well-considered, and in line with the child’s best interests.
What factors do the authorities consider in visitation cases?
They consider the child’s attachment and well-being, the parents’ ability to cooperate, the distance between the homes, and the child’s views depending on age and maturity. For very young children, the authorities also assess who is, in practice, the primary caregiver. When we represent you, we review and document these factors together with you to ensure they are clearly presented in the Agency of Family Law (Familieretshuset) and, if necessary, in the Family Court (Familieretten).
If you’re unsure whether you need legal representation, we offer a quick case screening to help you understand your situation.
Rules about contact or visitation agreements (samværsaftaler)
A visitation agreement (samværsaftale) can be oral or written, for example by email or text message, and applies as long as both parents agree. If you want an arrangement that can be enforced in case of disagreement, a legally enforceable document is required – typically a written visitation decision with an enforcement clause or a formal ruling.
If there is no decision or valid visitation agreement and the parents cannot agree, the residential parent (bopælsforælderen) can, in practice, refuse visitation, leaving the non-residential parent (samværsforælderen) without the right to see the child.
Once you have a legally enforceable visitation document, you can stay flexible in daily life by mutual agreement – for example, by swapping weekends. If disagreement arises again, the legally binding arrangement automatically applies. We help create visitation agreements that work in practice and secure enforceable solutions.
Interim contact (midlertidig kontaktbevarende samvær)
Interim contact (midlertidig kontaktbevarende samvær) is a minimum level of visitation used when a parent suddenly loses contact with the child. The non-residential parent (samværsforælderen) can apply for the establishment of such contact. The Agency of Family Law (Familieretshuset) usually processes these cases within about four weeks, and the extent of contact depends on the child’s age and is regulated by law.
It is not always strategically advisable to apply for interim contact, so it’s important to consult an attorney about what best supports your overall case. Read more on our page about interim contact (midlertidig kontaktbevarende samvær).
What is temporary visitation, and how does it work?
Temporary visitation establishes a provisional arrangement while the case is being processed. The decision can affect the further course of the case, and deadlines are short, which makes preparation essential. We assist with the application, documentation, and strategy.
The processing time for temporary visitation is longer than for temporary contact-maintaining visitation (midlertidig kontaktbevarende samvær), but there is a greater possibility of obtaining more extensive visitation or an arrangement that better fits your and your child’s situation. Temporary visitation is also where supervised visitation can be ordered. Read more on our page about temporary visitation.
Example, if you want help from start to finish. How our legal help works step by step
- Quick screening with one of our secretaries and agreement on next steps
- Client onboarding and deposit
- Intro meeting with your family law attorney (familieretsadvokat) and a clear strategy for your visitation case with focus on the child’s best interests and realistic goals
- Discussion of whether your case also involves residence or parental authority. We can help with that as well
- Access to records and collection of relevant statements from fx the school, daycare, municipality, and doctor
- Proper application for visitation to Familieretshuset
- Preparation for meetings in Familieretshuset, including key questions and focus areas
- Representation at meetings in Familieretshuset and ongoing negotiation and correspondence
- Clear framework for the visitation agreement (samværsaftale), including weekdays, holidays, and transportation
- Preparation for court if the case goes to the Family Court (familieretten), including filings and documentation
Visitation cases (samværssager) in practice,
realistic paths and solutions
Case 1, Disagreement about a 7-7 schedule and vacations
Brief overview
The non-residential parent (samværsforælderen) wants a 7-7 schedule, while the residential parent (bopælsforælderen) prefers less visitation. There is also disagreement about holidays, for example whether the child should stay seven or fourteen days during the summer break. The child is in middle school and has expressed a wish to spend equal time with both parents.
How the case usually proceeds
- The case starts in Familieretshuset with a meeting with a child expert (børnesagkyndig)
- If the child is school age, a child interview (børnesamtale) is usually conducted
- There is normally a follow-up meeting where the case and the interview are reviewed
- If there is still no agreement, the court decides, either in Familieretshuset or in court
Our work as family law attorneys (familieretsadvokat) in visitation cases (samværssager)
- We help you submit the application correctly and on time
- We prepare a detailed vacation plan that accounts for age, school breaks, and daily logistics
- We prepare you for meetings so you understand the framework and are not pressured into an agreement in Familieretshuset that you do not fully accept or understand
- The goal is a stable and realistic visitation schedule (samværsordning) that protects the child’s relationship and creates predictability and safety
Outcome of the visitation case
With our assistance, a flexible 7-7 arrangement was established along with a clear holiday schedule. The child gained stability and a sense of security, while both parents achieved clarity regarding weekdays and holiday periods. The arrangement was deemed realistic and consistent with the child’s best interests.
Case 2: A child in distress and two very different family environments
Brief overview
The residential parent (bopælsforælderen) finds that the child is not thriving, for example due to ADHD, OCD, autism, depression, or anxiety. The school or daycare observes the same. The parents have very different approaches in their respective homes, and the child reacts to the transitions between them. Communication about the child’s challenges is difficult.
How the case usually proceeds
- Familieretshuset convenes an assessment meeting with both a child expert (børnesagkyndig) and a lawyer from the agency
- Relevant statements are collected from the school, daycare, municipality, doctor, and possibly the police
- The child is invited to a child interview (børnesamtale)
- If no agreement is reached, the case can be brought to court
Our work as family law attorneys (familieretsadvokat) in visitation cases (samværssager)
- We structure information so that the child’s need for calm and predictability is clear
- We collect the relevant statements and prepare you for the focus and questions in the meetings
- We document that the child’s well-being outweighs rigid schedules. A split arrangement like 7-7 is not always best
- In some cases it makes more sense for the child to spend most time in one home to avoid two very different environments, especially if the child has special needs
Outcome of the visitation case
A plan was established with primary residence in one home and shorter, more manageable visitation periods. The decision emphasized the child’s distress and need for stability. The arrangement brought calm, clear structure, and improved well-being while maintaining meaningful contact with both parents.
Frequently asked questions about visitation (samvær)
How much vacation time do parents have a right to?
As a general rule, the child has the right to spend holidays with both parents. For younger children, holiday visitation usually reflects the amount of contact they have in everyday life. As children grow older, holiday periods are often divided more or less equally, even if regular visitation only takes place on weekends.
It is very important to establish a clear and specific holiday plan. We often see that missing or unclear holiday agreements lead to conflict and stress for both the residential parent (bopælsforælderen) and the non-residential parent (samværsforælderen). Holidays should bring joy and relaxation, not arguments about handover times or which weeks in the summer each parent can have.
How quickly can visitation be set or changed?
Wait times vary significantly from case to case, depending on complexity, the need for statements, and whether the case proceeds to court. Interim contact (midlertidig kontaktbevarende samvær) should generally be decided quickly, typically within four weeks. According to the Agency of Family Law (Familieretshuset), the average processing time for visitation cases is around 10 weeks.
In practice, however, cases involving conflict can take much longer. In 2023, the average processing time for proceedings involving visitation, parental authority, and residence was approximately twenty-one weeks in the Agency of Family Law. If the case also proceeds to the Family Court (Familieretten), the entire process can take more than a year.
What do authorities and courts weigh in visitation cases?
Among other things, the child’s attachments, the parents’ ability to cooperate, the distance between homes, and the child’s views depending on age and maturity.
Can the residential parent (bopælsforælderen) decide visitation if we disagree?
Yes. If there is no legally binding decision or agreement and you cannot reach an understanding, the residential parent (bopælsforælderen) can, in practice, refuse visitation. It is therefore important to obtain an arrangement that can be legally enforced. This protects both the residential parent (bopælsforælderen) and the non-residential parent (samværsforælderen).
Do I need a family law attorney (familieretsadvokat), and how do you help?
Many benefit from early legal advice. We develop a clear strategy, assist with a proper application, and, if you wish, we can handle communication with the other parent, the Agency of Family Law (Familieretshuset), the court, and the municipality. Our assistance can range from a few targeted recommendations to full management of the case.
Do you want to use Samværsadvokaten in your visitation case (samværssag)?
If you want an experienced and specialized attorney in child-related cases such as visitation cases (samværssager), you can call our secretaries, Anja or Gitte, for a quick review of your situation and to get started as a client. If you have already decided to proceed with our assistance, you can start your client registration here.
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Why choose a specialized family law attorney for visitation cases (samværssager) in the Danish Agency of Family Law (Familieretshuset)
Think of the difference between a general handyman and a licensed electrician. A handyman can do a bit of everything. An electrician is trained, works in a licensed company, and follows rules and standards to ensure the job is done right the first time. That provides safety, fewer mistakes, and a better result.
It’s the same in visitation cases. A generalist works across many legal areas, while a family law attorney (familieretsadvokat) specializing in visitation has deep expertise in this specific field. Several of our attorneys have previously made decisions within the Agency of Family Law (Familieretshuset) and the former State Administration (Statsforvaltningen), and therefore know the internal rules and workflows. Today, they use that experience to guide parents safely through meetings in Familieretshuset and the Family Court (Familieretten).
This means better preparation and a clear strategy from the start, realistic expectations, and fewer rushed agreements. Applications and documentation are completed correctly from the beginning, and the process is calmer because we can speak on your behalf in Familieretshuset and in court.
