When parents separate, the decisions about their children are among the most important and sensitive ones. Terms like custody, legal residence and access can be confusing. Here is what they mean in Iceland, where the child's best interests always come first.
What is custody?
Custody (forsjá) is the right and duty of parents to care for the child, make decisions about the child's life and protect the child's interests. Parents can share custody, even after divorce, or one parent can have sole custody.
Joint custody is the most common arrangement in Iceland. Both parents then make the important decisions together, such as the choice of school or moving abroad.
The child's legal residence
A child has legal residence (lögheimili) with one parent, even under joint custody. Parents can also agree on shared residence (skipt búseta), where the child lives equally with both.
Legal residence affects practical matters such as where the child is registered and who receives child benefit. Parents can agree on it, or it is decided if they disagree.
Access
The parent the child does not live with has a right to access (umgengni), and the child has a right to contact with both parents. Access is usually set by agreement. If parents cannot agree, the District Commissioner (Sýslumaður) or a court can decide.
Child support
The parent the child does not live with normally pays child support (meðlag). The minimum amount follows official rates, and parents can agree on higher payments. If it is not paid, it can be collected through the public collection agency (Innheimtustofnun sveitarfélaga).
When parents cannot agree
In disputes about custody or access, parents usually have to attend mediation (sáttameðferð) first. If no agreement is reached, the case can go to court, which decides based on what is best for the child.
Cases where one parent wants to move abroad with the child, or where the child has been taken to another country, raise special international rules and should be raised with a lawyer quickly.
Getting legal help
A lawyer can protect your interests and your child's throughout the process. Find a lawyer under family and inheritance law or, for cases involving child protection services, under child protection law. You can also browse lawyers by region.