Child custody in Luxembourg
In Luxembourg both parents exercise parental authority jointly, married or not, and separation does not change it.
Updated October 2026. Spotted a mistake? Tell us.
If the parents are married
Where parentage is established for both parents, they exercise parental authority jointly, whether or not they are married.
If the parents are not married
The rule is the same for unmarried parents. If parentage is established for only one parent, that parent exercises authority alone.
The unmarried father, in one line: Both parents have it, married or not, once the father's paternity is established.
After a divorce or separation
Joint exercise is the default and separation does not change it. The parents must act together on important decisions. For everyday acts, each parent is presumed to act with the other's agreement towards third parties acting in good faith. The court can give authority to one parent only where that serves the child's interests. The other parent keeps the right to be informed, to supervise the upbringing, and, except for serious reasons, contact and access.
What the child can say
The family judge personally hears each party. A minor who is capable of forming their own views may bring an application, and the child's expressed feelings are a factor the judge may consider. No minimum age is stated.
Moving house or moving abroad with the child
The official fact sheet says the exercise of parental responsibility follows the law of the child's habitual residence, which changes if that residence changes. It describes no consent or notice rule.
If the parents live in different countries
Luxembourg is a party to the 1980 Hague Child Abduction Convention, which lets a parent ask for a child wrongly taken to another country to be returned. It works only with countries that have accepted its accession, so check the other country on the treaty status table.
Within the EU, Regulation (EU) 2019/1111 (called Brussels IIb) decides which country's courts handle parental responsibility: in principle the courts of the country where the child habitually lives, and it speeds up the return of a child wrongly taken to another member state. Denmark does not take part in it.
Understand the legal system first
Luxembourg belongs to the Civil law family. Family law grows out of the legal tradition, so it helps to know how the system works.
Read the Luxembourg legal-system profile in the Legal Families Atlas →
Who owns what in a marriage in Luxembourg? →
Divorce rate and trend in Luxembourg →
Official sources
Take it further
Inheritance, marriage, children, property and arrest rules in one PDF, with questions for a lawyer.
Write down parenting time and responsibilities.
Permission for a child to travel with one parent or another adult.
Marriage, divorce, custody and support, step by step.
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TheLawToKnow Tools’s child custody guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.

