A New Approach to Child Participation in Family Law Conflicts in Denmark

Abstract The Family Law reform in Denmark marks a paradigm shift in basic family law values that comprises both a substantive element and a procedural element. The Family Law underlines that the central value—‘the best interests of the child’—is pivotal, thus enhancing children’s rights and marking a shift towards a child-centred approach. With regard to the procedural element, there has been a shift towards a conflict management approach, including the introduction of new conflict management methods. The background to the reform and the practical implications for child participation are explored in this chapter. In this chapter, I examine the Family Law reform’s implications for child participation. The reform’s twin pillars—the principle that a child’s best interests must prevail and a new procedural framework—together drive towards deeper engagement of the child in legal decisions.