Act in Respect of Children, no. 76/2003, with later amendments
Chapter I
[The parents of a child]1).
Article 1 The right of a child to know who his parents are.
A child has the right to know who both his parents are. A mother is obliged to declare the paternity of her child when the paternity rules of Article 2 do not apply, [cf. however, paragraph 2 of Article 6]1).
Article 2 Principles governing the paternity of children born in wedlock and children born to parents in a registered cohabitation.
The husband of a child's mother shall be presumed to be the child's father if the child is born during their marriage. The same applies if a child is born so soon after the dissolution of a marriage as to have been possibly conceived during the marriage. This does not, however, apply if the husband and wife were legally separated at the time of the child's conception or if the mother of the child marries or legally registers her cohabitation with another man prior to the birth of the child.
In the event that the mother of a child marries a man whom she has declared to be the father of the child, that man shall then be presumed to be the father of the child provided that the paternity of the child has not been established at that time.
If the mother of a child and a man whom she has declared to be the father of the child have legally registered their cohabitation at the birth of the child, that man shall then be presumed to be the father of that child. The same applies if the mother of a child and a man whom she has declared to be the father of the child legally register their cohabitation at a later date in the National Registry provided that the paternity of the child has not been established at that time.
Article 3 The determination of paternity of children to whom the provisions of Article 2 do not apply [etc.]1).
In cases where the principles governing the determination of paternity referred to in Article 2 do not apply, the paternity of a child shall be established by a voluntary declaration of paternity from a man in compliance with Article 4, by acknowledgment according to Article 6 or by a judicial resolution, cf. Chapter II. [The provisions of paragraph 2 of Article 6 shall apply with regard to the child of a woman living in a registered partnership or in a common-law marriage where the child was conceived by artificial insemination]1).
Article 4 Voluntary declaration of paternity.
If a man whom a woman alleges to be the father of her child recognises his paternity in a written declaration before a district commissioner, before a judge in an action at law pursuant to Chapter II, or in writing, he shall then be presumed to be the father of the child. If the statement is given in writing, the signature shall be confirmed by a district court advocate or by a Supreme Court advocate or by two witnesses. It must be stated that the person issuing this declaration has signed his name or acknowledged his signature in the presence of the person or persons confirming the signature. The witnesses shall state their personal identification numbers or their dates of birth and addresses as the case may be.
The Ministry of Justice and Ecclesiastical Affairs may prescribe that a voluntary declaration of paternity obtained abroad shall equate to a voluntary declaration of paternity obtained in Iceland.
If the alleged father is a minor, his statement shall be given before a district commissioner or a judge in the presence of his guardian.
If the mental condition of a man alleged to be the father of a child is such as to make it uncertain that he understands the significance of a voluntary declaration of paternity, the matter shall be resolved before a court of law.
If a mother states that she has had sexual intercourse with more than one man during the possible period of the child's conception, the matter shall be resolved before a court of law. This will, however, not be necessary if the results of a genetic test provide strong indications that a specific man, whom a mother has alleged to be the child's putative father, is in fact his father. That man may consequently voluntarily declare his paternity of the child.
If the results of a genetic test preclude the man whom a mother has alleged to be a child's father from being his father, then the cost of the test, as may be deemed reasonable by the district commissioner, shall be paid by the State Treasury.
Article 5 The maternity of a child conceived by artificial insemination.
A woman who bears a child conceived by artificial insemination is considered to be his mother.
Article 6 [Parents of a child conceived by artificial insemination]1).
A man who has agreed that his wife be artificially inseminated according to the Act on Artificial Insemination is considered to be the father of a child so conceived. The same applies to a man and a woman who have registered their cohabitation with the National Registry.
[A woman who has agreed that her registered partner or a partner she has registered cohabitation with be artificially inseminated according to the Act on Artificial Insemination is considered to be the adoptive mother of a child so conceived.] 1)
A man who donates semen for the purpose of it being used for artificial insemination of a woman other than his wife or cohabiting spouse, cf. paragraph 1, according to the provisions of law on artificial insemination, will not be considered the father of a child conceived with his sperm.
A man who donates sperm for a purpose other than that stipulated in [paragraph 3]1) is considered to be the father of a child conceived with his sperm unless the sperm is used without his knowledge or after he is deceased.
Article 7 [Registration of a child in the National Registry]1).
A child shall be registered in the National Registry immediately upon birth.
A physician or a midwife attending childbirth shall ask an unwed mother about the child's paternity and record her statement thereon. The statement shall be signed by the mother and sent to the National Registry. However, the man whom the mother alleges to be the father of a child shall not be registered as the child's father in the National Registry unless the child's paternity is established in accordance with this Act. [The same applies to the statement of a mother under paragraph 2 of Article 6]1). [The Minister of Justice]2) may issue further regulations concerning the form and procedures of registration according to paragraphs 1 and 2.
If the paternity of a child has not been established within six months from the birth of the child, the National Registry shall notify the district commissioner where the mother is domiciled that the paternity of the child has not yet been established.
When a district commissioner receives a notice pursuant to paragraph 3, he shall by letter make the mother aware of the provisions of Article 1 and request that she take measures so that the paternity of the child may be established. She shall be informed of her duty in this respect and of the right of the child, as well as of the right of action of a man who believes he is the father of the child.
1) L. 65/2006, 25. gr. 2) L. 50/2006, 25. gr.
Chapter II
Court action to determine the paternity of a child.
Article 8 Jurisdiction.
An action at law to determine the paternity of a child may be brought in Iceland if:
a. the party is resident in Iceland,
b. the estate of a deceased person is being settled or has been settled here in Iceland,
c. the child is resident in Iceland.
Litigation under this article shall be resolved under Icelandic law.
The provisions of international agreements to which Iceland is a party shall take precedence over paragraphs 1 and 2.
Article 9 Venue.
A paternity action may be brought in the forum of the venue where the party is domiciled.
If the proper venue for neither party or for none of the parties is in Iceland, then the action may be brought before the District Court of Reykjavik.
Article 10 Legal standing.
The plaintiff in a paternity action can be the child himself, his mother or a man who believes he is the father of the child, provided that the paternity of the child has not been established, [or the adoptive mother according to paragraph 2 of Article 6, has not been established]1). If a child's mother has brought legal action but has died before the case has been brought to a conclusion, the person who assumes the child's custody may continue the action. If a man who believes he is the father of a child brings an action at law and if he dies before the case has been brought to conclusion, the man's heir at law who is of the nearest degree of consanguinity to the child or is of an equal degree of consanguinity to the child may continue with the action.
If the child or his mother brings an action at law, the defendant or defendants shall be the man or men who are alleged to have had sexual intercourse with the child's mother during the time of the child's conception. If a defendant has died before the action has been brought, the action may be brought against his legal heir who is on an equal degree of consanguinity to the child or who is of the nearest degree of consanguinity to the child.
If a man who believes he is the father of a child brings an action, the child's mother shall be the defendant or upon her death, the child himself.
Article 11 Legal costs.
If the child is the plaintiff, then the legal fees of the attorney for the plaintiff, as determined by the judge, shall be paid by the State Treasury as well as the plaintiff's other legal fees, including the cost of obtaining a genetic test and other expert opinion.
Article 12 Procedure.
A paternity action shall be subject to general civil procedure unless otherwise stipulated in this Act.
Hearings in a paternity action shall be held in camera.
Article 13 Representation.
If the defendant is not present in the court when an action is filed, or if the defendant ceases to attend court hearings at a later stage, the judge may, under special circumstances, appoint a representative for him. The representative shall consult with his client if possible. When rendering a ruling in the case, the judge will determine a fee for the representative to be paid by the State Treasury, and the defendant may be required to repay the fee in part or in full.
Article 14 Statements by the parties.
The parties to the action are under obligation to appear in court and give statements when summoned by the judge. If the plaintiff neglects to do so, the case shall be dismissed. The same shall apply if the plaintiff refuses to undergo the test referred to in Article 15 or to subject the child to such a test if the plaintiff has custody of the child. If a party otherwise refuses to appear before the court, the judge may apply the same measures against him as may be used against witnesses.
Article 15 Genetic tests.
A judge may, if so requested, order that the parties and the child undergo blood tests, and that other scientific examinations be performed, including genetic tests. The persons in question are required to subject themselves to the taking of blood samples as well as to other examinations for the purpose of scientific testing. The judge may, in the same manner, order that blood tests and genetic tests be performed on the parties' parents and if needed on the parties' siblings and on their other children. A ruling according to this paragraph may be appealed to the Supreme Court.
The police are required to comply with a judge's request for assistance in transferring parties to examinations under paragraph 1.
Article 16 Evidence gathering by the judge.
A judge may, if considered necessary, gather evidence on his own accord, provided that he has previously requested in vain that the parties provide such evidence.
Article 17 Proof.
A man shall be deemed to be the father of a child if the results of a genetic test point conclusively to him being the father.
Article 18 Conclusion of a case.
Case proceedings conducted according to the provisions of this chapter will result in a court settlement if the parties so choose, or otherwise in a court judgment unless the case is dismissed.
[The judge shall send the necessary information concerning the determination of a child's paternity to the National Registry on forms provided by Statistics Iceland]1).
Article 19 Anonymity and publication of the judgment.
Before any transcripts from court proceedings and court records are delivered to persons other than to the parties of the case, all confidential information must be removed from the transcripts with a view to interests of privacy.
CHAPTER III
Action at law contesting paternity or for the annulment of a voluntary declaration of paternity.
Article 20 Jurisdiction and Venue.
Articles 8 and 9 apply to jurisdiction and venue in court actions under this chapter.
Article 21 Legal standing.
Court action contesting the paternity of a child may be brought by the child and by his mother, and also by the man who is registered as the father of the child according to Article 2 and, if he is dead, by his heir who is of equal degree of consanguinity to the child or who is of the nearest degree of consanguinity to the child.
Legal action for the annulment of a voluntary declaration of paternity can be brought by a child, by the man who has made a paternity declaration concerning the child and by the mother of the child.
An action at law brought by a child or his mother shall be brought against the father or, if he is dead, against his heir who is of equal degree of consanguinity to the child or who is of the nearest degree of consanguinity to the child. An action at law brought by the father or his successor shall be brought against the mother or, upon her death, against the child himself.
Article 22 Procedure, etc.
The provisions of Articles 11, 12, 13, 14, 15 and 16, of paragraph 2 of Article 18 and of Article 19 apply to cases under this chapter.
Article 23 Contesting the paternity of a child conceived by artificial insemination [etc.].
In the event that a man has agreed to the artificial insemination of his wife or the woman with whom he cohabits, cf. paragraph 1 of Article 6, any claim contesting the paternity of a child can be accepted only if it becomes evident that the child was not conceived by artificial insemination.
[The same applies mutatis mutandis regarding an action claim that it be accepted that a woman living in a registered partnership with a mother shall not be considered the adoptive mother within the meaning of paragraph 2 of Article 6].1)
Article 24 Conclusion of a case.
Case proceedings conducted under this chapter will result in a court settlement if the parties so choose in accordance with the results of a genetic test or otherwise in a court judgment unless the case is dismissed.
CHAPTER IV
Payments relating to childbirth and pregnancy.
Article 25 Contributions to the Mother.
A district commissioner may under certain circumstances order the father of a child [or his adoptive mother according to paragraph 2 of Article 6]1) to pay alimony to the mother for a total period of three months before and after the birth of the child, upon her demand.
If a mother becomes ill as a result of pregnancy or childbirth, the district commissioner may, upon her demand, order the father [or adoptive mother according to paragraph 2 of Article 6]1) to pay her monthly support for care and maintenance, however not for a period longer than up to nine months after childbirth.
A man [or an adoptive mother according to paragraph 2 of Article 6]1) may be ordered to contribute by payments according to this Article even in the event of a stillbirth.
Article 26 Cost relating to pregnancy, childbirth, etc.
If it is established that the father of a child has committed an offence against his mother as described in Article 58, the district commissioner shall order him, upon her demand, to pay all costs and expenses arising from pregnancy and childbirth.
Upon the demand of a woman, a district commissioner may furthermore order the man responsible for her pregnancy, cf. paragraph 1, to pay the cost of a lawful abortion.
Article 27 Due date, etc.
Contributions under Articles 25 and 26 are due as soon as they are ordered, unless otherwise stipulated by the district commissioner's ruling.
Contributions according to paragraph 1 shall not be ordered further back in time than to be retroactive one year from the date on which a claim was submitted except in extraordinary circumstances.
Contributions according to Articles 25 and 26 belong to the mother of the child.
CHAPTER V
Parental duty and custody of a child.
Article 28 The contents of custody.
Parents have the duty to care for their child and provide the child with consideration and to observe their duties of upbringing and custodianship as to best suit their child's interests and needs.
The custody of a child entails that the parents have a duty to protect their child against mental and physical abuse and other degrading conduct.
Parents shall provide their child with education as required by law and instil in the child a spirit of industry and morality. Parents shall to the best of their ability contribute to an education for their child and see to it that the child receives vocational training in accordance with the child's abilities and interests.
The custody of a child entails that the parents have the right and obligation to manage the personal affairs of their child and determine his place of residence. Furthermore, the custodial parent is the legal representative of the child.
A child is entitled to the custodianship of his parents, one or both, and the parents have custodial duties toward their child, until the child comes of age. A parent who is a child's sole custodian has the duty to provide for the child's access to his other parent, provided that such access is not contrary to the interests and needs of the child in the opinion of a judge or a competent administrative authority.
Parents shall consult their child before making decisions concerning the personal affairs of the child having regard to the age and maturity of the child. The position and view of the child shall be given more importance as the child grows older and matures.
If one of the custodial parents of a child is prevented from performing his or her custodial duties, the necessary decisions regarding the personal affairs of the child taken by the other parent are valid.
If parents have joint custody of a child, then one of the parents may not leave Iceland with the child without the approval of the other parent.
Article 29 Custodians.
Subject to paragraph 3 of Article 31, a child is entitled to the custodianship of both parents if the parents are married or are registered as cohabiting.
If a child's parents are neither married nor cohabiting at the time of his birth, the mother shall, subject to paragraph 1 of Article 32, have sole custody of the child.
If an unmarried parent who has sole custody of his or her child marries or begins cohabiting with a person who is not the other parent of the child, then the step-parent or cohabiting parent shall also have custody of the child, provided that registered cohabitation in the National Registry has lasted continuously for more than one year. Subject to paragraph 2 of Article 30, the custodianship of the step-parent or cohabiting parent only lasts as long as the marriage or cohabitation lasts.
The provisions of Article 28, of paragraphs 5 and 6 of Article 30, of paragraphs 3 to 5 of Article 32 and of Articles 33 through 35 also apply to persons other than parents who have custody of a child according to this Act as it may apply.
Article 30 Custody in case of the death of a custodial parent.
If parents have joint custody of their child and one parent dies, the surviving parent shall have sole custody of the child with the spouse or cohabiting partner of the surviving parent, cf. paragraph 3 of Article 29 as the case may be.
If one of the parents has had custody of a child, a step-parent or a cohabiting parent who also has had custody, cf. paragraph 3 of Article 29, shall continue to have custody after the death of the custodial parent.
After the death of a parent who has had sole custody of his or her child, the custody of the child shall return to the other parent.
After the death of the custodial parent, custody may be placed, either by agreement, cf. Article 32, or by judgment, with another person upon that person's request, rather than with the person with whom custody would otherwise have been placed according to paragraphs 1 to 3 if it is considered to be in the best interests of the child.
If a child is left without a custodian by reason of the death of the child's custodial parents, the child welfare committee shall act as custodian of the child.
If custodial parents have decided who shall have custody of their child upon their death, then that decision shall be honoured unless that decision is contrary to law or to other arrangements that are deemed to best serve the interests of the child.
A statement according to paragraph 6 shall be given in writing, and his signature shall be confirmed by a district commissioner or by an advocate to the district court or by a Supreme Court advocate. It must be clearly stated that the issuer of the statement has signed his or her name in the presence of the person confirming the signature and that he or she has been advised of the legal effects of the statement.
Article 31 Custody in the event of the divorce or separation of the parents.
[Parents shall have joint custody of their child following divorce and legal separation registered in the national register, unless otherwise decided. The parents shall decide with which parent the child shall have his legal residence and consequently where the child's regular place of residence is. The district commissioner shall notify the National Registry regarding with which parent the child shall have his legal residence. The district commissioner shall instruct the parents with respect to the contents of joint custody and of the legal effect that a registering of the legal residence of the child entails]1) .
Parents may make an agreement that the custody of their child shall reside1) with either of them.
If married parents separate without terminating the marriage, they may agree that one of them shall have custody of a child.
If a dispute arises during a divorce or as a result of the separation of married or cohabiting parents whose marriage or cohabitation has been registered in the National Registry, the matter shall be resolved as stipulated in Article 34.
Article 32 Custody agreements between parents.
Parents may make an agreement to have joint custody of a child. A joint custody agreement shall specify with which parent the child shall have his legal residence and consequently where the child's regular place of residence is.
Parents may make an agreement to change custody arrangements with the effect of transferring custody from one parent to the other, or that a joint custody agreement be cancelled and the custody be transferred to one of the parents.
Parents may make an agreement whereby they place the custody of their child with a third party, provided that the child welfare committee recommends such an arrangement. If one parent has custody of a child, the opinion of the other parent shall be sought.
A custody agreement between the parents may be for a set period, although not be for a period less than six months.
An agreement stipulating the custody of a child becomes effective when approved by a district commissioner. The district commissioner shall send a copy of the parents' certified custody agreement to the National Registry. The district commissioner shall instruct the parties as to the legal effects of their agreement. If such agreement is contrary to the best interests and needs of the child, the district commissioner may withhold his approval and must do so if the agreement is contrary to law.
Article 33 Mediation.
A district commissioner shall offer the parties involved in custody cases, child access cases and per diem fine cases professional advice in order to assist them in resolving the matter with the best interests of the child in mind. The counsellor can have discussions with the child in question if he believes this is in the best interests of the child provided that the custodial parents agree.
A district commissioner may omit the offer of professional counselling according to paragraph 1 if he believes that it is unnecessary or futile.
Persons providing counselling according to paragraph 1 must maintain confidentiality with respect to the knowledge that they gain in the performance of their duties or due to their professional duties if such knowledge is to be kept confidential according to Article 18 of the Act on the Rights and Obligations of Civil Servants. Violation of confidentiality is punishable according to Chapter XIV of the Penal Code.
The Minister of Justice may lay down further rules regarding counselling according to paragraph 1, as well as regarding the arrangement of service agreements with parties providing such counselling.
Article 34 Custody judgment, etc.
When parents disagree on the custody of a child, a judge shall resolve the case by rendering judgment where reconciliation has not been reached on the custody of the child. In the event that parents seek divorce before a court of law, the judge shall concurrently resolve any custody dispute. A district commissioner may issue a divorce decree for a married couple even if court action relating to the custody of their child is in process.
A judge shall decide which parent shall have custody of the child with a view to the best interests of the child. Joint custody of a child may not be determined in a court judgment, but the parents may agree on joint custody through a court settlement.
When resolving custody cases, consideration must be given, among other things, to whether the parent who demands custody of his or her child has been confronted with interference of access to the child.
In a child custody dispute, the judge must, upon the request of one or both parents, stipulate child support payments in a court judgment, as well as the nature of the child's access rights to his parents with respect to the child's best interests, if reconciliation has not been reached on this issue, provided that a demand to this effect has been made in the defendant's summons or legal brief. A judge may decline to determine the contents of the access rights if such a resolution is in the best interests of the child.
The provisions of Chapter VI shall otherwise apply to the procedure in these cases.
[A judge shall submit information on the conclusion of a custody case to the National Registry on a form provided by Statistics Iceland]1).
1) L. 50/2006, 27. gr.
Article 35 Interim custody order, etc.
The judge in a child custody case may issue an interim order at the request of a party concerning custody arrangements regarding the child, depending upon the best interests of the child. A judge may determine access rights and interim child support payments.
In the event that a judge declines a demand for the termination of joint custody while a custody action is in process before the court, the judge may still determine the child's legal residence, access rights and interim child support. In such cases, a judge may furthermore determine that a child shall live with his parents interchangeably, provided that such an arrangement is deemed to be in the best interests of the child.
An order according to paragraphs 1 and 2 may be modified due to extraordinary circumstances if that is deemed to be in the best interests of the child.
If a custody action has not been concluded before a district court, the judge may, upon the demand of one of the parties, order that the child may not be removed from Iceland while the case has not been resolved. If custody proceedings are conducted before the Supreme Court, the court may in the same manner decide that the child may not be removed from Iceland. A judge shall immediately send a travel restriction order to the National Commissioner of Police.
A district court order according to paragraphs 1 to 4 may be appealed to the Supreme Court according to general rules. The appeal of a travel restriction order according to paragraph 4 does not, however, suspend the legal effects of the order.
An order according to paragraph 1 to 4 does not bind the hands of a judge when determining custody rights, access rights or child support according to Article 34.
A judge does not become disqualified to rule on a case according to Article 34 only because he has rendered a ruling according to paragraphs 1 to 4.
A ruling according to paragraphs 1 to 4 is automatically revoked when a custody judgment is rendered. This does not, however, apply if a judge has determined that an appeal of a judgment suspends his legal effects. In that event, the order will be automatically cancelled when either a judgment by the district court in the case becomes binding with respect to the merits of the case, cf. paragraph 1 of Article 44, or if judgment is passed by the Supreme Court.
The provisions of paragraph 6 of Article 34 apply to orders according to paragraphs 1 to 3.
CHAPTER VI
Court action relating to a custody dispute.
Article 36 Jurisdiction.
An action at law concerning child custody may be brought in Iceland if:
a. the defendant resides in Iceland;
b. the child or children concerned resides/reside in Iceland;
c. the defendant is an Icelandic citizen and it has been established that he or she is unable, because of his or her citizenship, to bring an action in the country where he or she lives, or where the defendant or children reside; or
d. both parents are Icelandic citizens and the defendant does not object to the action being brought in Iceland.
An action brought according to paragraph 1 shall be resolved under Icelandic law.
The provisions of international agreements to which Iceland is a party shall take precedence over the provisions of paragraphs 1 and 2.
If a custody claim is made in a divorce action or in an annulment action, the principles of the Marriage Act concerning jurisdiction and venue shall apply. In other respects, the custody aspects of such a case must comply with the provisions of this Chapter.
Article 37 Venue.
An action at law shall be brought in a forum where either the child has his domicile and venue or where the defendant has his domicile and venue. If neither has domicile and venue in Iceland, the case can be brought where the plaintiff has domicile and venue.
If neither the parties nor the child have their domicile and venue in Iceland, the case can be brought before the District Court of Reykjavik.
Article 38 Procedure.
A child custody case shall be processed in accordance with the general rules of civil procedure unless otherwise stipulated in this Act.
Hearings in a custody action shall be held in camera.
The process of a custody action shall be expeditious.
Article 39 Representation.
If the defendant does not attend the court when the action is filed, or if the defendant ceases to attend in court at a later stage, the judge may, under special circumstances, appoint a representative for him. The representative shall consult with his client if possible. When rendering a ruling in the case, the judge will determine a fee for the representative to be paid by the State Treasury, and the defendant may be required to repay the fee in part or in full.
Article 40 Mediation.
A judge may decide that reconciliation between the parties shall be sought according to Article 33 instead of the judge mediating.
Article 41 Cause of action.
Parties may present new facts as their cause of action and make new objections until such time when the case is received for adjudication.
The judge shall not be bound by the claims and facts presented by the parties as their causes of action.
Article 42 Evidence gathering.
The judge monitors the gathering of evidence. The parties in the case shall appear in court as summoned by the judge and testify before the court. The parties to the case may be forced to appear in court in accordance with paragraph 1 of Article 55 of the Civil Procedure Act.
A judge may direct the parties to obtain specific evidence regarding their circumstances or the circumstances of their child(ren). If a party does not obey the recommendations of the judge or is unable to do so, a judge may obtain any evidence that he deems necessary so that the case may be adjudicated.
A judge may direct the parties to obtain expert opinion if he deems that such opinion is necessary. A judge may, on his own initiative, append issues subject to evaluation when assessors are appointed. General rules on court-appointed assessors otherwise apply to expert opinions.
A judge may decide that the cost of court-ordered evidence gathering or of evidence that the judge gathers pursuant to this article shall be paid by the State Treasury.
Article 43 The right of a child to express an opinion, etc.
A child that has reached sufficient maturity shall be given the opportunity to express his view concerning the case in question unless that would be considered to have a detrimental effect on the child or it is of no consequence for the outcome of the case. A judge may entrust an assessor to obtain the view of the child and to report this according to the provisions of Article 42. When an assessor has not been court appointed, a judge may entrust an expert to obtain the view of the child and to report this.
A judge may decide that either or both of the parties may not be present when the judge examines the view of the child. A specialist, whom the judge has appointed to examine the view of a child, has the same authority.
The parties shall be informed of the child's view. If the parties are not granted access to the report presenting the view of the child, it must be entered into the record which information they were provided with.
If necessary, the judge shall notify the child welfare committee of a child's circumstances. The child welfare committee shall handle the case on the basis of the Child Protection Act and use the appropriate resources to support a child when appropriate.
Article 44 Final judgment, anonymity and publication of judgment.
A district court judge shall always specify in the final judgment if the appeal of the judgment suspends its legal effect. The time limit for an appeal of a district court judgment to the Supreme Court is one month. When a district court judge decides that an appeal shall suspend the legal effect of a judgment, the judgment will become binding with regard to the merits of the case only at the end of the time limit for bringing an appeal, provided that a summons for an appeal has not been issued at that time. However, such a judgment will be binding with respect to the same merits of the case if the parties waive their right to appeal in writing. Upon the appeal of a judgment within the time limit for bringing an appeal, its legal effect is suspended if it is so stipulated in the final judgment. However, such a judgment is binding with respect to the merits of the case if the case is terminated before the Supreme Court or the case is dismissed from the Supreme Court.
Article 19 applies to anonymity and the publication of judgment.
CHAPTER VII
Enforcement of custody orders.
Article 45 Enforcement of custody orders.
In case the person with whom the child resides refuses to hand the child over to his proper custodian, a district court judge may, if requested by the custodian, decide that custody be legally enforced. The enforcement procedure is provided in Chapter 13 of the Act on Legal Enforcement, complying however with Article 43 of this Act. No fee shall be paid to the State Treasury in relation to a claim under this article.
In the event the person with whom the child resides refuses to deliver the child, notwithstanding the order of the district court judge, or refuses to provide information which the district commissioner deems necessary to continue the enforcement proceedings, the district commissioner may, if requested by the petitioner, impose daily penalties to be paid on the basis of Article 48. Such daily penalties shall be determined for each day that passes from the time when the judgment is passed until a child is delivered to the petitioner or the requested information is divulged to the district commissioner. Such daily penalties shall accrue to the State Treasury. Articles 48 and 49 apply to daily penalties according to this Article.
If enforcement must be carried out as requested according to Article 1, the district commissioner shall request the presence of a representative of the child welfare committee, and the representative shall guard the interests of the child. The district commissioner may request the assistance of the police with the enforcement, and the police are obligated to honour such requests by the district commissioner. Police officers shall wear civilian clothes during the enforcement. The enforcement proceedings shall be conducted with a view to protecting the child from undue strain, and the district commissioner may stop the enforcement proceedings if he considers that there is a particular risk that the child may suffer injury if the proceedings continue.
CHAPTER VIII
Access rights to children, etc.
Article 46 Access rights to children.
A child has the right to associate regularly with the parent with whom he or she does not reside, provided that this is not contrary to the interests of the child. Upon divorce or when ceasing cohabitation, both parents have the duty to take all possible measures to ensure that this right of the child is respected.
A parent with whom the child does not reside has both the right and obligation to maintain association and company with his or her child. That parent shall pay expenses related to the exercise of access rights unless otherwise stipulated by agreement, cf. paragraph 3, or by court order, cf. paragraph 1 of Article 47.
Parents may make an agreement on how the access rights shall be exercised, provided that such arrangement is not contrary to the interests and needs of the child.
The parents may request that the district commissioner approve an agreement referred to in paragraph 3. The district commissioner shall advise the parties with respect to the legal effect of an agreement. The district commissioner may decline to certify an agreement if it is contrary to the interests and needs of a child.
Article 47 District commissioner's order on access rights.
The district commissioner makes a decision concerning access rights pursuant to this article in the form of an order. A decision shall always be made bearing the best interests of the child in mind.
In the event that the parents disagree on the contents of the access rights referred to in the district commissioner's order, the district commissioner shall, upon the request of a parent, define what the access rights entail and how this right shall be exercised, including which parent shall carry the cost of the child's travel expenses. In exceptional circumstances, the district commissioner may, at the request of a parent with whom the child does not live, define that parent's right to maintain contact with the child through correspondence, telephone and other similar means.
If either or both parents of a child are dead, or if it is impossible for a parent to exercise the duty to visit the child, the close relatives of that parent may request that a district commissioner issue an order concerning their visiting the child in accordance with paragraph 2.
In exceptional circumstances the district commissioner may, following consultation with the child welfare committee, issue an order that access shall take place under the supervision of, or with assistance from, the child welfare committee or a specifically appointed supervisor.
The district commissioner may modify or invalidate an order or an access right agreement if that solution is deemed to best serve the interests of the child.
A district commissioner may decline to determine the contents of access rights or to modify a decision on access rights if such a solution is deemed to be in the best interests of the child.
If, in the opinion of the district commissioner, certain events result in a child's association with a parent being contrary to the interests and needs of the child, he may determine that there will be no effective access rights.
Although the contents of the access rights have been determined by a court judgment or in a court settlement, cf. Article 34, the district commissioner has the same authority to modify this arrangement as if it had been determined by an order of his.
The procedures according to this Article are subject to the provisions of Chapter XI.
Article 48 Daily penalties to enforce access.
Child access according to an order, judgment, court settlement between the parents or an agreement concluded by them, certified by a district commissioner, may be enforced by daily penalties if a parent having custody prevents the other parent or other persons having access rights to the child from exercising these access rights.
A district commissioner may, upon the request of a person who exercises the child access rights according to paragraph 1, order the custodial parent to desist such prevention, subject to daily penalties amounting to up to ISK 30,000 per day. Daily penalties will not be imposed for a period more than 100 days at a time1).
The district commissioner may, at the request of the person having access rights under paragraph 1, order that daily penalties shall not be set aside until the prevention of child access has ceased and actual child access has occurred on three occasions under the control of a representative from the child welfare committee in compliance with the current arrangements for child access.
When investigating a case, the district commissioner may request the assistance of the child welfare committee or of an ad hoc supervisor in connection with the execution of child access rights. The district commissioner may, under certain circumstances, defer a decision regarding daily penalties for a period of six weeks. The procedures in such cases shall otherwise be subject to the provisions of Chapter XI.
Daily penalties shall be imposed by order and accrue for every day that passes from the rendering of the order until the prevention of child access has ceased.
Already accrued daily penalties shall be set aside when the district commissioner deems that the prevention of child access has ceased.
Claims for daily penalties expire after one year. The limitation period starts when the order is rendered.
Article 49 Attachment to secure daily penalties.
An attachment may be imposed to secure daily penalties by the petition of the person whose access rights are prevented. The daily penalty shall accrue to the State Treasury. No fees shall be paid to the State Treasury in connection with petitions under this article.
Article 50 Child access rights established through legal enforcement.
If a parent having custody of a child prevents the execution of child access rights notwithstanding a court order for daily penalties and an attachment to secure their collection, a district court judge may, upon petition by the person having access rights to the child, authorise legal enforcement of the access rights. The proceedings and legal enforcement are governed by the provisions of Article 45.
Article 51 Pending removal of child from Iceland.
If either parent has access rights to a child, the other parent may not move away from Iceland with the child unless the parent having access rights is verifiably notified of the intended move with at least 30 days' prior notice. If the parents do not agree on how access rights shall be exercised, the case shall be referred to the district commissioner for a ruling. The action shall be subject to expedited appeals procedures.
Article 52 The right to information concerning a child.
The non-custodial parent is entitled to information from the other parent on matters concerning the child, including health and development, nursery school attendance, school attendance, interests and social contacts.
The non-custodial parent is entitled to information concerning the child from nursery schools, schools, hospitals, health care and social welfare agencies, social affairs committees, child welfare committees and the police. The right provided for in this paragraph does not include a right to obtain information on matters concerning the parent having custody.
The agencies and authorities referred to in paragraph 2 may, however, withhold information if it is deemed that the parent's interest in using the information must yield to substantially greater public or private interests, including the divulging of information that may harm the child.
A refusal to provide information concerning a child pursuant to paragraph 3 may be appealed to the district commissioner within two months from when the parent was notified of such a decision. The decision of the district commissioner made in accordance with this paragraph cannot be appealed to the Ministry of Justice and Ecclesiastical Affairs.
Under exceptional circumstances, the district commissioner will be able to decide, at the request of a parent having custody of a child, to suspend the other parent's right to obtain information according to paragraph 78.
CHAPTER IX
Child maintenance.
Article 53 The responsibility of parents to maintain their child, etc.
Parents have the responsibility, jointly and separately, to maintain their child. The maintenance of a child shall be provided having regard to the parents' situation and the needs of the child.
It is the duty of a step-parent to maintain a stepchild as if the child were his or her own child when the parent has custody of the child pursuant to paragraph 3 of Article 29. The same applies to a cohabiting parent who has custody of a child according to the same provision.
Article 54 Child support when custody is determined.
[Child support payments must always be determined upon legal separation and final divorce of parents as well as when custody decrees are issued, when legal residence orders are issued or when cohabiting parents whose cohabitation has been registered in the National Registry cease to cohabit.]1) The same applies when parents make an agreement on custody changes pursuant to Article 32.
Article 55 Child support agreement.
A child support agreement is valid only if certified by the district commissioner or if a court settlement has been reached regarding support payments.
Agreements for child support payments lower than those payments corresponding to the current amount of child maintenance as they stand at any particular point in time as laid down in the Act on Social Security may not be concluded. This is referred to in this Act as basic child support.
The responsibility of a parent to pay child support may not be limited to children who are younger than 18 years of age. When parents make a temporary custody agreement, cf. paragraph 4 of Article 32, support payments may nevertheless be agreed upon for a period which is equal to the period determined for custody according to the agreement.
Article 56 Who may claim child support.
The person who bears the cost of supporting a child can demand that child support payments are determined and collected, provided that the person in question has custody of the child or the child is residing with him according to legal arrangements.
If child support payments have been made by the government, the pertinent authorities or institution in question will have the right specified in paragraph 1.
Article 57 Order or judgment for child support.
If a parent fails in the duty of supporting his or her child, a district commissioner may order the payment of child support for that child. However, such child support payments cannot be ordered further back in time than one year from the time when a claim was submitted, unless there are extraordinary reasons to the contrary.
Child support payments shall be determined with a view to the needs of the child and to the financial and other circumstances of both parents, including their earning ability.
A child support order may neither order the payment of lower child support than that which amounts to basic child support nor limit the parent's child support obligation to children who are younger than 18 years of age.
However, when parents make a temporary custody agreement, cf. paragraph 4 of Article 32, child support payments may be agreed upon for a period equal to the period of custody as determined by the agreement.
The Ministry of Justice and Ecclesiastical Affairs shall issue thresholds for child support claims that are in excess of the minimum child support payments referred to in paragraph 3.
When a judge rules on a dispute regarding the paternity or custody of a child, he or she shall also, upon request, make a determination in a dispute on support payments in the final judgment in accordance with the provisions of this Article.
Article 58 Special provisions on the responsibility to maintain a child.
If the father of a child has been convicted of an offence against his mother as described in Chapter XXII of the Penal Code, and if the child is deemed to have been conceived by this act, the father may be ordered to pay all the costs and expenses of maintaining the child.
Article 59 Orders for child support payments from the State Social Insurance Administration.
In the event that a claim for child support has been presented, and it is foreseen that the case will proceed slowly because the parent against whom the claim is made resides abroad, or if maintaining contact with the parent is particularly difficult, a district commissioner may issue an interim order to the effect that the State Social Insurance Administration pay the child support. The amount of interim child support may not exceed the basic child support payments and not be ordered farther back in time than that which is covered by the claim against the parent. A claim for such payments will, however, never be ordered further back in time than one year provided that the child has resided in Iceland for that length of time. Interim child support paid by the State Social Insurance Administration pursuant to this paragraph will be collected from the parent liable to pay child support in accordance with the district commissioner's child support order directed against that parent; child support is otherwise irrecoverable.
When a parent residing abroad has been ordered by a foreign decision to pay child support to a parent residing in Iceland, and the amount of that child support is lower than basic child support, the district commissioner may order that the State Social Insurance Administration pay child support to the parent with whom the child resides to make up the balance between the ordered child support and basic child support. If the foreign child support order has determined that a parent residing abroad shall not pay child support for a child, the district commissioner may order the State Social Insurance Administration to pay child support to the parent with whom the child resides.
Article 60 Child support orders for extraordinary expenditures.
The child support obligor may be ordered to pay special contributions towards a child's baptism, confirmation, eyeglasses, orthodontia, illness, burial or for other extraordinary reasons.
Contributions in accordance with paragraph 1 above shall be ordered only if a claim to that effect has been submitted to the district commissioner within three months from the time when the disbursements had to be made, unless there was a valid reason to delay the presentation of such a claim.
The Ministry of Justice and Ecclesiastical Affairs shall issue thresholds for claims for extraordinary contributions according to this Article.
Article 61 Termination of maintenance obligation.
Maintenance obligation terminates when a child reaches the age of 18.
The child support obligation terminates before that time if a child marries, unless district commissioner decides otherwise.
Article 62 Contribution to education or vocational training.
Notwithstanding the provisions of Article 61, a parent can be ordered to pay a contribution towards the education or vocational training of his or her child, upon the child's request, from the age of 18 until the child reaches the age of 20. The provisions of paragraph 1 of Article 57 apply in this respect.
The district commissioner can modify an order according to paragraph 1 if a substantiated requested is submitted to that effect, provided that it has been established that the circumstances of the parent or of the child have changed.
Article 63 Payment of child support.
Child support shall be paid on a monthly basis in advance unless other arrangements have been lawfully determined.
Support payments according to this Chapter belong to the child and shall be used for the benefit of the child. However, a child support obligor pursuant to Article 56 shall collect child support and shall receive child support payments in his or her own name.
Article 64 Modification of a child support agreement or court settlement.
The district commissioner may order the modification of a certified child support agreement or a court settlement, cf. Article 55, if a well-reasoned claim thereon is presented, if
a. the circumstances have changed significantly,
b. an agreement or a court settlement is contrary to the child's needs, or
c. an agreement or a court settlement does not correspond to the financial situation of the parents.
An order to pay child support that is already due at the time the request is presented shall, however, not be modified, unless there are extraordinary reasons for doing so.
Article 65 Modifications to a child support order or judgment.
The district commissioner may modify the child support order issued by an administrative authority or a decision on child support payments made in a court judgment if it is demonstrated that the situation of the parents or the child have changed.
The provisions of paragraph 2 of Article 64 apply to the administrative authority's order for the payment of child support.
CHAPTER X
Support payments and payment of maintenance. Method of collection.
Article 66 Statutory grounds for attachment.
An attachment may be made to secure child support payments, by order granted in court action judgment, by court settlement or by order granted by competent authority. The same applies to payments ordered by a district commissioner according to Chapters IV and IX.
An attachment may also be made to secure payments according to paragraph 1, referred to in an agreement that has been certified by a district commissioner.
Article 67 Payment obligations of the State Social Insurance Administration.
Pursuant to Chapters IV and IX, the State Social Insurance Administration is obliged to pay an obligee, who resides in Iceland, according to a judgment, court settlement, district commissioner's order or to an agreement certified by the district commissioner, subject to the limit stipulated by the Social Security Act.
CHAPTER XI
Administrative procedures and resolution in cases under this Act.
Article 68 The jurisdiction of Icelandic authorities.
Administrative authorities may resolve cases that have connection with other states in the following instances:
a. if the child concerned resides in Iceland;
b. if the person against whom a claim has been brought resides in Iceland;
[c. if a child support decision under Chapter IX has been made in Iceland and the child support obligor resides in Iceland]1).
The provisions of international agreements to which Iceland is a party shall take precedence over the provisions of paragraph 1 above.
Article 69 Administrative jurisdiction for resolution.
Disputes subject to resolution by the district commissioner under this Act shall be resolved in the jurisdiction where the child resides. If the child moves from one jurisdiction to another, the district commissioner hearing the case shall decide whether he will conclude the case or transfer the case to the district commissioner in the jurisdiction to which the child moved.
If the child does not reside in Iceland, the decision shall be rendered in the administrative area where the person against whom the claim is made resides.
If there are simultaneous proceedings of two actions of the same class involving siblings who do not reside in the same administrative jurisdiction for resolution, these actions must be joined, and they must be resolved in the jurisdiction where the claim to be resolved was first presented.
The Ministry of Justice and Ecclesiastical Affairs shall determine which administrative jurisdiction for resolution is to be applied for the action if neither the child nor the person against whom the claim is directed resides in Iceland, or if, for other reasons, it is unclear where the matter is to be resolved according to the foregoing provisions.
Article 70 The parties' claims and notifications on the procedures.
The parties shall present a clear formulation of their claims to the district commissioner. If a petition has been submitted, the opposing party shall be summoned when the case is heard before the district commissioner, or the opposing party shall be afforded an opportunity to state his or her views in writing regarding the case, cf. paragraphs 2 and 3 of Article 71.
In the event that a party fails repeatedly to heed the summons from the district commissioner to be present at the hearing or if he/she does not submit a written brief stating his or her views regarding the action, the district commissioner shall send the case documents to him in a verifiable manner and afford him a definite time limit to state his views in writing or an opportunity to appear before the district commissioner at a specific time. The letter shall state the penalties should the summons or recommendations from the district commissioner not be heeded.
If the opposing party legally resides or has a known address in another state, the laws of that state shall govern the service of notification. The reception of a registered letter or the service of notification by a process server is, however, always deemed to constitute effective delivery. The same applies if the opposing party signs a notice from the district commissioner that the opposing party has received a copy.
The district commissioner may publish a notification regarding the procedures in the Government Gazette if:
a. information can not be obtained regarding the address of the opposing party;
b. foreign authorities decline or fail to serve notification of the action;
c. service of notification fails to meet the legal requirements of the state where service of notification was attempted; or
d. the reception of a registered letter at the opposing party's residence was declined.
A public notice published in the Government Gazette shall include the name, personal identification, the last known address of the party where possible, the subject matter of the claim with reference to the legal arguments on which it is based, an appeal to the party to attend the first hearing at a certain place and date and, lastly, the consequences of failing to comply with the district commissioner's summons. The public notice must be published in the Government Gazette at least 30 days prior to the first hearing of the case.
If a date is set for a new hearing in the case, no further notifications will be needed concerning that decision with respect to a party who is present at the hearing at the time of notification.
Article 71 Procedure.
Unless otherwise stipulated in this Act, the provisions of the Public Administration Act shall apply to the procedures in a case.
The district commissioner shall decide whether he summons the parties, together or separately, to discuss the case, or whether he affords them an option to state their views in writing, according to the nature and scope of the case, as well as to the needs of the parties. However, the district commissioner shall always honour a party's request to discuss the case.
The district commissioner may determine that a hearing in the case concerning the opposing party should take place in the administrative jurisdiction of the district commissioner where the opposing party resides.
Article 43 applies mutatis mutandis regarding the right of children to state their views in disputes regarding access rights.
Article 72 Inquiry.
The parties to the case must gather such evidence which the district commissioner deems necessary for rendering a decision. Furthermore, the district commissioner may gather evidence at his own initiative if necessary, cf. Article 10 of the Public Administration Act.
If the petitioner does not heed the summons or recommendations of the district commissioner with respect to the evidence to be submitted, cf. paragraphs 1 and 2 of Article 70, the district commissioner may decline to resolve the matter. The decision of the district commissioner to decline to render a resolution in the case shall be in writing, and a copy thereof must be sent to the opposing party if that party has been notified of the petitioner's request.
If an opposing party does not heed the summons or recommendations of the district commissioner regarding the gathering of evidence, cf. Article 70, the district commissioner may demand that a copy of the opposing party's tax return, criminal record certificate or police report be delivered by the administrative authority in question.
Article 73 Mediation.
The district commissioner shall attempt conciliation between the parties before rendering a decision on a matter in dispute, except where such attempts will obviously be fruitless, or a party fails repeatedly to heed the magistrate's summons. If the parties reside or stay in different administrative jurisdictions, mediation may be attempted where each of them resides or stays.
If expert counselling has been provided in accordance with Article 33, there is no need for mediation by the district commissioner according to paragraph 1.
Article 74 Seeking expert opinion, etc.
The district commissioner may seek the opinion of the child welfare committee when considered necessary and draw on their assistance in the process. If necessary, the district commissioner shall notify the child welfare committee of the circumstances of a child. The child welfare committee shall handle the case on the basis of the Child Protection Act and apply the appropriate remedies to support a child when necessary.
Article 75 Discovery.
The provisions of Articles 15–19 of the Administrative Act provide for the right of the parties to gain access to documents and other evidence concerning the case.
The district commissioner may restrict the access of the parties to evidence providing information on the child's view if it is deemed to be possibly harmful to the child or to the relationship between a child and a parent.
However, if the access of a party to evidence is entirely restricted, the district commissioner shall notify the party of the outcome if there is a possibility that a decision in the case may be based on that evidence.
Article 76 The form and contents of the decision.
The district commissioner's decision shall always be in writing and signed in two identical originals, one for each party. A copy of the decision shall be kept by the district commissioner.
The decision must indicate the following items:
a. names and ID numbers of the parties;
b. name and ID number of child or children concerned;
c. demands of the parties;
d. the principal reasoning and the cause of action of a party;
e. a short and fair description of the facts of the case;
f. legal reasoning for the findings in the case, cf. Article 22 of the Public Administration (Administrative Procedure Act) Act;
g. final conclusions, which shall be summarised in the closing remarks in a separate final decision;
h. the official title of the district commissioner ruling in the action and the date of the ruling.
The decision shall provide instructions regarding statutory grounds for filing an appeal, time limits for appeals, and towards whom administrative complaints should be directed.
The final decision shall state enforcement measures, if applicable, as well as whether an appeal to the Minister of Justice and Ecclesiastical Affairs will suspend the legal effects of the decision.
Article 77 Serving notice of decision.
Notice of the district commissioner's decision shall be served on the parties by a process server, forwarded to them by registered mail, or they shall be notified in another verifiable manner.
Article 78 Administrative appeal.
The parties may appeal the district commissioner's decision to the Minister of Justice and Ecclesiastical Affairs within two months of its date. The appeal procedure is governed by the Public Administration Act and by the provisions of this Act, as may be applicable.
The district commissioner may rule in his decision that an appeal to the Minister of Justice and Ecclesiastical Affairs shall suspend the effect of the decision.
CHAPTER XII
Regulations, entry into force, applicable law, etc.
Article 79 Regulations.
The Minister of Justice and Ecclesiastical Affairs may issue regulations relating to the procedures and administration of district commissioners, as well as to particular aspects concerning the implementation of this Act.1)
1) Rg. 231/1992.
Article 80 Entry into force.
This Act enters into force on 1 November 2003.
Article 81 Applicable law.
The provisions of this Act shall apply to court actions pursuant to Chapters II, III and VI of the Act filed after [1 November 2003]1).
Actions that have been filed prior to [1 November 2003]1) but have not been concluded at that time shall be processed and determined in accordance with the Children Act No. 20/1992, as amended. The same applies if a decision or judgment in such a case is appealed to the Supreme Court.
The provisions of this Act shall apply to administrative cases that are brought before the authorities after the Act has entered into force.
The procedures and decisions in administrative cases that have been brought before district commissioners prior to [1 November 2003]1) but have not been concluded at that time shall be determined in accordance with the Children Act No. 20/1992, as amended. The same applies if a ruling in such a case is appealed to the Minister of Justice and Ecclesiastical Affairs.
The provisions of this Act shall apply to the reopening of cases even if they have been concluded prior to the entry into force of the Act. The same applies to the reopening of administrative cases.
The provisions of the third sentence of paragraph 1 of Article 2 and of Article 23 shall not be applied with regard to children born prior to 1 July 1992.
The material rules of this Act apply only to incidents occurring after the entry into force of the Act.
1) L. 115/2003, 1. gr.
Amendments to other laws.
Article 82