In the best interest of the child in Danish divorce law and eve-ryday family life

Anja Marschall, Sine Penthin Grumløse

Publikation: Bidrag til tidsskriftTidsskriftsartikelForskningpeer review

Abstract

This article examines how the principle of the “best interest of the child” has been understood and implemented in Danish divorce legislation and family life from a historical and contemporary perspective. Drawing on historical policy documents and qualitative interviews with children and their divorced parents, we trace how legal, political, and cultural frameworks have shaped both institutional norms and everyday practices. While current legislation emphasizes shared parental responsibility and the child’s right to a cohesive life across two households, our findings show that parents and children continue to navigate complex tensions between legal ideals and lived realities. Using a discourse-analytical and governmentality approach, we explore how parents are interpellated as cooperative, responsible subjects and how children exercise agency within overlapping domestic routines. The study reveals that despite strong legal commitments to children’s rights, the principle of the child’s best interest remains contested and situationally negotiated in everyday post-divorce life.
OriginalsprogEngelsk
TidsskriftSocial Sciences
StatusUnder udarbejdelse - 20 maj 2025

Emneord

  • Børn og unge
  • divorce
  • best interest of the child
  • Danish Divorce Law
  • shared parenting

Citationsformater