Family Law

• The rights of children are addressed in the Child Protection Act No. 76/2003
• Under the law, a child is entitled to life, development, protection, care, and other rights appropriate to their age and maturity, and must be afforded these rights without any discrimination
• It is prohibited to subject a child to any form of violence or other degrading treatment
• The best interests of the child shall always take precedence when decisions are made in matters concerning them
• A child has the right to express their views in all matters affecting them, and their opinions shall be given due consideration in accordance with their age and maturity

• A child has the right to be in the custody of either one or both of their parents
• In the event of a divorce or separation, parents must decide whether they will share custody of their children or if one parent will have sole custody
• It is common practice for parents to share custody of their children, even after a divorce or separation
  • The prerequisites for agreeing on joint custody are that the parents must be able to maintain satisfactory cooperation and mutual consultation regarding matters concerning the child
  • Parents with joint custody, who do not live together, must determine with which parent the child will have legal residence and, typically, a primary residence. It is also possible to arrange for the child to have a shared residence
  • If parents share joint custody of a child, one parent is prohibited from taking the child out of the country without the consent of the other parent
• If parents disagree on the custody arrangements, they must undergo mediation with the district commissioner. If mediation is unsuccessful, a court case must be initiated within 6 months of the conclusion of the mediation to resolve the issue

• Parents who do not live together may decide that the child will have legal residence with one of them or agree to a shared residence arrangement for the child
• If custodial parents have agreed on the child’s legal residence and permanent residence with one of them, that parent has the authority to make significant decisions regarding the child’s daily life. This includes decisions about the child’s domestic residence, choice of preschool, primary school, and childcare, as well as routine or necessary healthcare and regular recreational activities
  • Custodial parents must always seek to consult each other before making final decisions on matters concerning the child
• On January 1, 2022, a legislative amendment took effect that grants parents the authority to decide that a child will have a shared residence with them
  • Parents who share joint custody of a child without living together can arrange for a shared residence, whereby the child has a permanent residence with both of them
  • The conditions for arranging a shared residence for a child are that the parents must be able to agree on matters concerning:
    • Child care
    • Child upbringing
    • The residence arrangement must ensure that the child attends a single school or preschool and has free and easy access to continuous recreational activities and other leisure pursuits from both homes
    • If a shared residence arrangement is agreed upon for the child, the parents must decide with which parent the child will have legal residence and with which parent the child will have their residence within the country
    • Upon the district commissioner’s confirmation of a shared residence agreement, any existing agreement, ruling, court settlement, or judgment concerning visitation and child support shall be dissolved

• A child has the right to have regular contact with the parent with whom they do not live, provided that such contact is not contrary to the child’s best interests
• Visitation refers to time spent together and other forms of interaction.
• When parents do not live together, both are obligated to take the necessary measures to ensure that the child’s right to regular contact with the non-residential parent is upheld
• Parents can agree on a contact arrangement and request the district commissioner to confirm the agreement
• If parents disagree on the arrangement for visitations, they may request a ruling from the district commissioner regarding the visitation schedule
• If contact is obstructed, the district commissioner may impose daily fines on the obstructing parent, at the request of the parent affected by the obstruction
  • To be able to request daily fines, there must be in place a contact agreement confirmed by the district commissioner, a district commissioner’s ruling on contact, or a court judgment specifying visitation rights

Lögmenn MAGNA can assist with matters related to family law