
abduction
Unlawful removal or retention of a child under 18 under Danish Penal Code § 215
Abduction is, under Danish law, the act of unlawfully removing or retaining a child under the age of 18 with intent to deprive the holder of custody of the care of the child. The provision in the Danish Penal Code (straffeloven) § 215 protects the actual exercise of custody and safeguards the child's right to contact with both parents. The offence consists of two alternative acts: abduction covers the active conduct in which the child is physically removed from the care of the custody holder, while retention covers situations in which the child is not returned as agreed or expected. In both cases it is required that the perpetrator acts with intent to deprive the custody holder of care permanently or at least for an extended period.
The provision is typically applied in cases where one parent takes the child abroad without the other parent's consent, or refuses to return the child after contact. Grandparents or other close relatives may also be guilty of abduction if they act contrary to the rights of the custody holder.
Section 215 refers to the penalty range in § 261: a fine or imprisonment for up to 4 years, and under aggravating circumstances up to 12 years. In sentencing, weight is given to the duration of the abduction, the age of the child, and whether the child has been taken abroad. International child abductions may additionally be dealt with under the 1980 Hague Convention on the Civil Aspects of International Child Abduction, which aims to secure the prompt return of the child to its home country.
The Danish Parental Responsibility Act (forældremyndighedsloven) governs the civil law aspects of custody, while § 215 constitutes the criminal sanction for violations of those rights. The provision must be seen in connection with the child's right to contact with both parents and is intended to ensure that custody disputes are not resolved by self-help.










