Repeated reviews prolong complex divorce cases

Complex divorce cases are examined by both Denmark’s Family Law Agency and the courts, creating duplicate work that can delay decisions about where children will live, DR reports.

Mette Fuglsang Mortensen, chief judge at the Court in Hjørring, said courts sometimes repeat inquiries already made by the agency, including contacting schools and day-care centres or speaking with children.

She said a new conversation with a child may be needed if time has passed, and that parents or their lawyers can ask the court to investigate new information. But she added that cases can be delayed by the two-stage system.

The Family Law Agency was set up to examine complex cases involving parental responsibility, residence and contact. The most serious cases, known as Section 7 cases, involve high levels of conflict and may include violence, substance abuse, mental illness or social vulnerability. Once the agency has gathered information and can do no more work with the parents, the case is sent to court.

According to the National Audit Office, cases at the agency took an average of 24 weeks in 2025, followed by an average of 25 weeks for court proceedings.

The Association of Danish Family Lawyers wants complex cases to be sent directly to family court as soon as it is clear they involve serious conflict. Its chair, Helle Brandt, said children should not have to wait in uncertainty for a decision. She said prolonged delays can deepen conflict and affect children’s wellbeing.

Helle Ankersen, a department head at the Family Law Agency, said the agency was carrying out its legal duty to investigate circumstances relevant to the family. She said it was important to understand the situation of children who can become caught up in their parents’ disputes.

Social Democratic spokesperson Camilla Fabricius said the system needed to be examined to find ways to protect children and prevent cases from dragging on. Conservative spokesperson Birgitte Bergmann said delays were unacceptable and could undermine legal safeguards. She said she would question the ministers responsible.

Social Affairs Minister Monika Rubin, who declined an interview with DR, said in a written response that processing times are too long in some cases, particularly from a child’s perspective. She said the government was working to reduce waiting times because delays can affect the relationship between a child and a parent.

Familieretshuset was established in 2019 under then Social Affairs Minister Mai Mercado. Bergmann said its purpose was to put the child at the centre of cases and provide families with faster, more coordinated treatment.