Change of Child’s Legal Residence

Change of Child’s Legal Residence

Parents with joint custody can request to transfer the legal residence of their child/children between parents and simultaneously transfer child support payments to the new legal residence parent.

If there is an agreement regarding the change of legal residence and child support, parents can apply for the change digitally, where both parents sign the agreement electronically. Afterward, the application goes through a confirmation process with the District Commissioner. If the agreement is confirmed, the confirmation is sent to both parents' mailboxes on the "My Pages" section of Iceland.is.

The agreement regarding legal residence can be permanent (until the child turns 18) or temporary, though not for less than six months. Once the period ends, the child’s legal residence returns to its original status.

If the parents do not have electronic ID, the agreement can be accessed in PDF format here.

What impact does the change have?

The change affects several aspects, and it is important for parents to understand what it entails. The parent with the legal residence has broader authority for decision-making about the child’s matters, but should aim to consult the non-resident parent when making major decisions. The legal residence parent has the right to receive child support from the other parent, and in addition, child benefits and other public payments related to the child are transferred to them. The child has the right to regularly visit the parent they do not live with.

More details about the child's legal residence and its effects can be found here.

Is there a disagreement about the change?

Please note that if there is a disagreement regarding the change of a child's legal residence, this application process, which ends with both parents signing an agreement, is not the ideal route. A parent who wishes to move the child’s legal residence to their own address can submit a reasoned request to the District Commissioner.

The District Commissioner will then hold an informational meeting with the parents after receiving the request. If the parents do not agree, the case is referred to mediation with the District Commissioner. The District Commissioner does not make a decision in disputes regarding the child’s legal residence. A parent may decide to take legal action to request the child's legal residence.

Do you have further questions?

You can contact the District Commissioner in your area for more information.