If a person under the age of 18 becomes a parent, they remain under their parents custody, whilst also (possible) holding parental custody over their own child. A mother automatically holds parental custody over her child. Read below about sole- or joint custody regarding parental custody rights of the other parent.

Parents – married and cohabiting – who have adopted a child together, have joint custody. In the case of stepparent adoption, where a partner of the parent with custody adopts the child, they will have joint parental custody after the adoption. If a single individual adopts, the individual holds sole custody.

If a widower adopts his/her partner’s child, that individual will hold sole custody.

Parental custody can be subsequently altered by agreement, decision, or following the death of one parent.

If the parents are married when a child is born, they will automatically share parental custody (joint custody). If they were not married when the child was born but decide to marry later, the custody becomes joint upon marriage.

Parents who are separated or divorced when the child is born but have been married within the last 10 months before the child was born, have joint custody.

Unmarried parents of children born after January 1st, 2023 (according to the new parental custody law) will automatically have joint custody, if they have shared a registered residence for a 10-month period before the child was born. The residence must be registered at the National People Register.

Parents who are not married or have not shared a registered residence for the last consecutive 10 months before the child was born, can still have joint custody if they can otherwise prove reasonable attachment to each other. Reasonable attachment or cohabitation can be that both parents contribute financially or are responsible for housing expenses. Or if the parents are in a relationship but do not live together due to not yet having established a permanent shared residence. The important thing to prove is that the parents wish to care for and raise the child together, with regards to the child’s best interest. The Family Law Administration may request proof for reasonable attachment.

An unmarried mother will have sole custody of the child, if the parents have not lived together 10 months before the birth of the child, or if the reasonable attachment has not been proved, or the parents have not agreed to have joint custody.

If parents agree to have joint custody, they can formalize the agreement through the Family Law Administration. The Family Law Administration must approve the agreement. The declaration form for an agreement on joint custody must be completed, signed by both parents, and submitted to the Family Law Administration along with the required documents. Once the agreement is approved, the Family Law Administration acknowledges the declaration, provides a copy to the parents, and notifies the national registry. The declaration form can be found under Forms on the official website.

Joint custody

Parents have joint custody if they

• were married when the child was born.
• have shared a residence according to the national registry continuously for the last 10 months before the child was born or have otherwise proved reasonable attachment to each other. This applies to children born on or after January 1, 2023.
• get married after the child is born.
• were separated or divorced when the child was born but have been married within the last 10 months before the child was born.
• have agreed to joint custody through the Family Law Administration or have made a custody agreement through the court, or 
• have been in court, and the court has decided that they should have joint custody.

In all other cases, the mother has sole custody.

It should be noted that parents continue to have joint custody after separation or divorce unless they agree that one parent should have sole custody, or the court decides on sole custody.

Sole custody

The mother of a child has sole custody if the parents

• were not married when the child was born.
• have not shared a residence according to the national registry continuously for the last 10 months before the child was born or have not otherwise proved reasonable attachment to each other. This applies to children born on or after January 1, 2023.
• were not married in the last 10 months before the child was born.
• have not made a custody agreement through the Family Law Administration or in the Court.

A parent has sole custody if the parents

• have agreed through the Family Law Administration or in court that custody should be changed from joint to sole for one parent.
• have agreed through the Family Law Administration or in Court that sole custody should be transferred from one parent to the other.
• have been in court, and the court has decided that one of the parents should have sole custody.

Sole custody

Sole custody means that only one of the parents has parental custody over the child.

The parent who has sole custody can make most decisions regarding the child's personal matters alone.

If contact with the child is arranged or agreed upon, it is the non-resident parent who is responsible for providing care and security during the contact period – even though the non-resident parent does not have a role in the parental custody. The non-resident parent can make decisions regarding superficial matters during the child's time with them.

The parent who does not have a role in custody cannot demand to join parental meetings, parent interviews, activities at daycare or school, etc. Daycares and schools, however, may invite both parents to participate if it is deemed to be in the best interest of the child.

Joint custody

With joint parental custody, both parents have the right to

• participate in activities at daycare or school, parental meetings, engage in discussions about the child, and the like.
• have contact with doctors, hospitals, social services, and similar organisations.
• receive insight into all documents and information about the child – but not information about the other parent.

If parents do not live together, it is not necessary to agree on all decisions, even though custody is joint.

A distinction is made between significant decisions and general matters in the child's daily life.

Both parents must agree on significant decisions. The resident parent (the parent with whom the child resides) can make decisions regarding general matters in the child's daily life alone, such as domestic relocation and whether the child should see a psychologist, receive counselling, or similar services. If contact with the child is arranged or stipulated, the non-resident parent (the parent with whom the child does not reside) can decide on superficial matters while the child is visiting.

Below is an overview of examples of what parents, among other things, must agree on when custody is joint, what the resident parent can decide, and what the non-resident parent can decide.

Both Parents

• Name selection
• Religious matters
• Choice of school, extracurricular activities, and education
• Guardianship - meaning responsibility for the child's possible income and assets
• Passport
• Significant medical treatments
• Hazardous leisure activities
• Moving abroad
• Marriage 

Resident Parent

• Direct daily care and superficial matters in the child's daily life.
• Leisure activities.
• Domestic relocation (unless it is the first relocation from the shared home of the parents and the child). The residential parent has the obligation to notify the other parent at least 6 weeks before the relocation. Read more about relocation under Residence of the Child here on the website.
• School psychology, child counselling, and similar services.

Non-resident Parent

• Direct daily care and superficial matters in the child's daily life while the child is visiting.
• Leisure activities during visitation.

When parents do not live together, they do not always provide each other with information about the child's daily activities or special circumstances concerning the child.

When parents have joint custody both parents have the right to participate in activities at daycare or school, parental meetings, engage in discussions about the child, have contact with doctors, hospitals, public authorities, etc., as well as receive insight into all documents and information about the child – but not information about the other parent.

Parents who do not have a role in custody (non-custodial) over the child have the right to information about the child. If non-custodial parents lack information about the child's activities from the resident parent or school, institution, authorities, etc., they have the right to receive information about the child's activities from the school, daycare, public health services (including private hospitals), dentists, and other authorities.

The parent without custody must contact the school, institution, or authority to obtain the information. The non-custodial parent cannot demand to receive information in writing about the child's affairs from the school, institution, or authority, unless the information already is available in a written format.

If the institution, school, or authority refuses to provide information to the non-custodial parent they can request a written explanation for or decision regarding the denial of information, along with a guide for appealing. If there are no rules regarding the right to appeal decisions made by the institution or authority, one cannot appeal.

In special cases, upon request from the custodial parent or one of the mentioned institutions, the Family Law Administration can take the right to information away from the non-custodial parent.

If parents agree, they can themselves decide who should have custody over their shared child. If parents disagree, the matter may be brought before the Faroese court.

From sole custody to joint custody

If one of the parents has sole custody over the child, it is possible to agree that parental custody will be shared.

In order to share custody a specific form called Notification of the Agreement on Joint Custody must be completed, signed by both parents, and submitted to the Family Law Administration along with the required documents. If the agreement is approved, the Family Law Administration acknowledges the notification, sends a copy to the parents, and informs the National People Register.

The notification of agreement form can be obtained upon request. The form must be submitted to and then approved by the Family Law Administration for the agreement to take effect.

If parents disagree, and only one of the parents wants joint custody, that parent may bring the matter before the court. The court can decide on joint custody, to maintain sole custody with the parent holding it, or grant sole custody to the other parent.

From joint custody to sole custody

If parents have joint custody over the child and are not married, they can agree to terminate joint custody and transfer custody to one of the parents.

In order to terminate joint custody, a specific form called Notification of the Agreement on Terminating Shared Custody must be completed, signed by both parents, and submitted to the Family Law Administration along with the required documents. If the agreement is approved, the Family Law Administration acknowledges the notification, sends a copy to the parents, and informs the National People Register.

The notification of agreement form can be obtained upon request. The form must be submitted to and then approved by the Family Law Administration for the agreement to take effect.

If parents disagree, and only one of the parents wants to terminate the joint custody, that parent may bring the matter before the court. The court can decide to maintain joint custody or grant sole custody to one of the parents.

To transfer custody from one parent to another

If one of the parents has sole custody, parents can agree to transfer custody to the other parent.

In order to transfer custody from one parent to another, a specific form called Notification of the Agreement on Transferring Custody must be completed, signed by both parents, and submitted to the Family Law Administration along with the required documents. If the agreement is approved, the Family Law Administration acknowledges the notification, sends a copy to the parents, and informs the National People Register.

The notification of agreement form can be obtained upon request. The form must be submitted to and then approved by the Family Law Administration for the agreement to take effect.

If parents disagree, and only one of the parents wants the custody transferred from the other parent to them, that parent may bring the matter before the Faroese court. The court can decide to joint custody, that the custody holder retains the custody, or that the other parent obtains sole custody.

The Family Law Administration offers counselling and mediation to parents who disagree about custody. Learn more about counselling and mediation here.

Parents can decide that someone other than themselves should have custody over their shared child – commonly, it is a close family member (such as a grandparent, uncle, aunt, or a sibling of one of the parents) or a foster parent.

There is no specific form for such an agreement. The Family Law Administration must receive a written request from the custodial parent(s) arguing why custody should be transferred. The Family Law Administration can only approve the agreement if it is deemed to be in the best interest of the child.

If the parents have joint custody, it is a requirement that both parents agree to transfer custody. If the parent with sole custody wants to transfer custody to someone other than the other parent, and the non-custodial parent does not agree to the transfer, the Family Law Administration will make a decision based on what is deemed best for the child.

Disagreements regarding which parent should have custody over a child will be decided in court.

The Family Law Administration can make decisions on

• Custody if a parent dies.
• Temporary custody if the custodial parent cannot fulfil their obligations and rights as a parent.
• Temporary granting of sole custody to the other parent if parents have joint custody and there is a risk that the other parent will move abroad with the child before a final decision on custody is made.

Read more below about custody in case of death, custody in cases of incapacitation, and custody when there is a risk of abduction.

In the case of joint custody

If the parents have joint custody and one of them passes away, the surviving parent will have sole custody if the child resides with them.

If the parents did not live together, and the child lived with the parent who passed away, the Family Law Administration can, upon request, decide who should have custody. However, the living parent will always have the primary right to retain custody unless it is deemed to not be in the best interest of the child. In such cases, the Family Law Administration can decide to transfer custody to another individual or individuals with whom the child is connected. Custody can also be granted to married couples or cohabiting partners, such as to the surviving parent and their spouse or partner.

If someone other than the surviving parent intends to apply for custody over the child, it is required that the child be associated with that individual.

If the deceased parent had sole custody

If the deceased parent had sole custody, the surviving parent has the primary right to gain custody over the child. However, it is a decisiton that is subject to what is deemed best for the child. If it is not deemed best for the child to reside with the surviving parent, the Family Law Administration can decide to transfer custody to another individual.

People other than the surviving parent can apply for custody over a child. However, a requirement for such an application is that the child is associated with the individual applying.

When the Family Law Administration makes decisions regarding custody after the death of a parent, the paramount consideration is what is best for the child. In such cases, the child will also have the opportunity to express their views and wishes. While the wishes of the deceased parent may carry weight, the primary right of the living parent is significant, even if the deceased, according to a possible will, had different wishes.

Custody can also be granted to married couples or cohabiting partners, such as to the surviving parent and their spouse or partner.

The Family Law Administration may temporarily decide who should have custody if an incapacitation prevents someone with sole or joint custody over a child from making decisions about the child's personal matters.

Even though someone with sole or joint custody over a child is incapacitated, each case requires careful consideration. When making such a decision, the need to grant temporary custody is thoroughly assessed, and consideration is given to the severity and duration of the incapacitation. Thus, temporary custody is not always granted.

In these cases, the incapacitation must prevent the custodial parent from fulfilling their duties and rights as a parent. This may occur if they are unable to address issues concerning the child e.g., due to mental or physical illness.

Living abroad is not considered incapacitation unless the specific place of residence is unknown, or if it is for some reason not possible to contact them. Usually, contact can be established with the person who has custody, even if they are abroad for an indefinite period.

A concrete assessment is made in every case regarding the duration of incapacitation to warrant temporary custody. Even short-term incapacitations can warrant a decision if there is an urgent need for a parent with custody to make decisions regarding the child. Examples of long-term or permanent incapacitations include situations where a parent, due to a chronic illness, is unable to address issues concerning the child.

A decision regarding temporary custody due to incapacitation remains valid as long as the incapacitation persists or until the child is no longer under the custody of the affected individual.

In cases where parents have joint custody, and there is a risk of a parent leaving the Faroe Islands with the child, or if a child is being withheld abroad before a custodial decision has been made, the Family Law Administration may, upon request, temporarily transfer custody to the other parent.

The case must involve imminent departure of the child. The decision must always be based on a thorough assessment of what is best for the child.

The requirement for the Family Law Administration to decide to transfer custody is for the risk to be imminent and urgent, e.g. the parent disappearing with the child with indications that the individual intends to travel abroad with the child or not return after departure.

Such a temporary decision remains valid until an agreement or final decision on custody is made by the court or for four weeks if a case regarding custody is not brought before the court within that period. A temporary decision on sole custody due to the risk of abduction also lapses if a request for a decision on custody is withdrawn or dismissed by the court, or if the parents resume cohabitation. This applies to both married and unmarried parents.

If parents disagree about custody of their shared child and need help finding a solution, the Family Law Administration offers child expert counselling and mediation. Either or both parents can contact the Family Law Administration and request child expert counselling or mediation. Learn more about child expert counselling and mediation here on the website.

The purpose of the Family Law Administration is to assist parents in finding solutions that are best for their shared child, considering the specific circumstances of their family. The best outcome for a child is when parents can cooperate and find solutions that prioritize the child's well-being and the circumstances surrounding the child.

If the Family Law Administration fails to assist parents in finding a solution, the Family Law Administration cannot do more when it comes to disputes over parental custody. One of the parties can bring the matter before the Faroese court, which can decide on parental custody.

The court can decide to grant or retain sole custody to one of the parents, or grant or retain joint custody. The court cannot decide on joint custody if both parents oppose it.

It is not possible to appeal a decision of the Family Law Administration to terminate a child expert counselling or mediation in regard to disputes over parental custody.

Although parents do not live together, they remain the most significant figures in their child's life. Therefore, it is crucial that parents can co-operate for the sake of their child and make decisions that serve the child's best interests.

When parents separate, co-operation can be challenging. The Family Law Administration can assist parents who do not live together, among other services, with child expert counselling and mediation.

Parents have a shared responsibility to strive for co-operation. Poor parental co-operation can significantly impact the child negatively. The Family Law Administration offers child expert counselling, mediation and co-parenting seminars to parents facing challenges in parental cooperation.

A decision made by the Family Law Administration can be appealed to the National Appeals Institution (Føroya Kærustovnur) within four weeks of the date you were informed of the decision.

Send the appeal to:

Føroya Kærustovnur
undir Hornabakka
Postboks 45
110 Tórshavn

or by email to fks@fks.fo. 

In some cases, the Family Law Administration can reopen a case for reconsideration if an appeal is accepted, e.g., if new relevant information has emerged.

For further information on parental custody see the Parliamentary Act on Parental Authority and Contact.

Please contact the Family Law Administration if you have any questions or need further information at tel. 20 22 24 or by email at famf@famf.fo.