Children's domicile and its effects

Where parents with joint custody have not negotiated on a split residence, a child is considered to be a permanent resident of one of the parents, the parent with the legal domicile.

Concepts:

• Legal domicile parent - the parent with whom the legal domicile of the child is registered.

• Parent of access – parent who has no legal address for a child registered with him/her.

Impact of registration:

A variety of effects come with registration of legal domicile with the parent and it is important to look closely at those rules before concluding a contract on legal domicile. Registration of legal domicile has the following effects, among other things:

• The parent with whom the legal domicile of the child is registered may request child support from the parent of access.

• The parent with whom the legal domicile of the child is registered may request a special contribution to support from the parent of access.

• Child benefit is generally paid to the parent with whom the child is domiciled at the end of each year.

• The parent with whom the legal domicile of the child is registered is authorised to make decisive decisions about the child's daily life, e.g. on choice of preschool, compulsory school, day care, healthcare and leisure activities. However, parents who exercise custody over a child together shall always seek to consult on matters concerning the child.

• The parent with whom the legal domicile of the child is registered may decide to move his/her domicile within Iceland, and thus the domicile of the child, without obtaining the consent of the parent of access. The child has the right to services from the municipality where he/she has a legal domicile, e.g. preschool, compulsory school and social services.

• Public support or the right to services or assistance may be determined by the domicile of the child. The consent of both parents with joint custody is required in order for a child to go abroad.