Child's legal domicile

If parents do not live together and share parental responsibility, it must be determined with which parent the child’s legal domicile will be registered.

A child cannot have more than one legal domicile.

When parents agree on a shared residence arrangement, the child will have their legal domicile registered with one parent and a place of residence with the other.

A decision regarding the child’s legal domicile is required, for example, when parents agree to joint parental responsibility following a divorce or the end of cohabitation, or when entering into a formal agreement for joint custody. The general rule is that parental responsibility remains joint following separation or divorce.

What Are the Implications of This Decision?

This decision has implications in several areas, and it is important that parents are fully informed of what it entails. The parent with whom the child’s legal domicile is registered has broader authority in making decisions concerning the child’s affairs. However, they are expected to consult with the other parent when making significant decisions.
The domiciliary parent is entitled to receive child support from the other parent. Furthermore, child benefit and other public payments associated with the child’s legal domicile are directed to the domiciliary parent. The child retains the right to maintain regular contact with the parent with whom they do not share their legal domicile.

Where one parent has sole custody, the child’s legal domicile is registered with that parent unless another arrangement is agreed upon.

Cooperation After Separation

Parents are encouraged to make use of the services provided by „Samvinna eftir skilnað“ (Cooperation After Separation), which is designed in the best interests of the child. Further information, including online courses for parents and children and specialised municipal counselling on custody and contact matters, is available at www.samvinnaeftirskilnað.is.