Reopening of fatherhood cases
At KROMANN Law Firm, we have experience with many types of fatherhood cases. We have previously assisted in cases concerning fatherhood of very young children, as well as in connection with the reopening of fatherhood cases many years after the child’s birth.
WHEN CAN A fatherhood CASE BE REOPENED?
Under Danish law, the general principle is that fatherhood should be maintained in the interest of the child. This applies even if it is later discovered that the registered father is not the biological father.
However, if there is agreement between the child’s mother, the child, or a guardian appointed for the child, and the registered father that the fatherhood case should be reopened, it is possible to request reopening of the case at the Agency of Family Law (Familieretshuset). It is a requirement that another potential father is identified in connection with the reopening. If the Agency of Family Law refuses to process the case, it is generally possible to bring the matter before the court.
A fatherhood case may also be reopened if no father has been registered for the child.
However, there are time limits for how long a fatherhood case can be reopened. As a general rule, a case cannot be reopened after the child’s first six months of life. After this period, reopening is only possible if special circumstances apply, such as new information in the case. If the child is older than three years at the time of application, it becomes very difficult to reopen a fatherhood case, as very exceptional circumstances must exist, including reasons why the application was not made earlier in the child’s life.
CHILDREN BORN BEFORE 1 JULY 2002
It should be noted that the above only applies to children born after the entry into force of the Danish Children’s Act on 1 July 2002. If a child was born before this date, the the Agency of Family Law (Familieretshuset) only has jurisdiction to reopen a fatherhood case if there is agreement between the mother, the registered father, and the child or the child’s guardian.
If there is no agreement to reopen the case, the only option is to bring the matter before the court. However, an adult child born before 1 July 2002 may independently request reopening of the fatherhood case without any time limit.
CONTACT US TODAY
KROMANN Law Firm has experience with the reopening of fatherhood cases both before the Agency of Family Law (Familieretshuset) and before the courts. We can assist you in fatherhood matters, whether you wish to be registered as the child’s father or have fatherhood removed.
Contact KROMANN Law Firm today on tel. +45 8618 1102 or email kontakt@advokatkromann.dk to learn how we can assist you in your paternity case.
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