Denmark: Follow-up to DNK35960.E of 25 October 2000 on state protection available to victims of domestic violence and whether an abusive ex-spouse would have access rights to a minor child
|Publisher||Canada: Immigration and Refugee Board of Canada|
|Author||Research Directorate, Immigration and Refugee Board, Canada|
|Publication Date||18 January 2001|
|Citation / Document Symbol||DNK36482.E|
|Cite as||Canada: Immigration and Refugee Board of Canada, Denmark: Follow-up to DNK35960.E of 25 October 2000 on state protection available to victims of domestic violence and whether an abusive ex-spouse would have access rights to a minor child, 18 January 2001, DNK36482.E, available at: http://www.refworld.org/docid/3df4be2a1c.html [accessed 22 August 2014]|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
An official of the Department of Private Law at the Danish Ministry of Justice stated in a 5 January 2001 correspondence that:
According to Danish law decisions on access rights shall be made in the light of the child's best interests.
Access may be denied, if it is necessary due to the welfare of the child.
Therefore, nothing – in principle – prevents an abusive parent having access to his or her child.
If the parent's capabilities of taking care of a child are not satisfactory or the child is afraid of the parent, access may be denied or may take place under supervision.
Attached please find attached copy of Act No. 387 of 14 June 1995 entitled "Act on Custody and Access" that was included with the correspondence.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.
Denmark. Ministry of Justice, Department of Private Law, Copenhagen. 5 January 2001. Correspondence.
Denmark. Act No. 387 of 14 June 1995. Act on Custody and Access.