If a parent intends to relocate with the child, they are obliged to notify the other parent at least 6 weeks before the relocation. The obligation to notify applies to both parents (resident and non-resident), regardless of joint or sole custody. This applies for both domestic and international relocations.

If the parents have joint custody, the parent who opposes the relocation can contact the Family Law Administration requesting a decision regarding the child's residence.

If the parent intending to move with the child has sole custody and the other parent opposes the relocation, the Family Law Administration can not make a decisiton regarding the child's residence. In such cases, the non-custodial parent can firstly try to get joint or sole custody over the child by an agreement with the other parent or by bringing the matter before the court. The Family Law Administration does not have the authority to decide cases about custody disagreement.

A child can not move residence from a parent without said parent being consulted. If a child has previously lived with one or both parents and is to move residence, both parents must sign a relocation notice. If the relocation notice is not signed by both parents, the non-signing parent shall be consulted, according to the Parliamentary Act on National People Register, art. 12.2. For further information regarding the relocation notice, how to fill it out, where to send it etc., please contact the municipality that you intend to move to. 

Joint Custody

If the child spends an equal amount of time with both parents (i.e., in an equal contact arrangement) and the parents have joint custody, the child will be registered according to a written agreement between the parents on which residence the child will be registered at.

In cases where the parents have joint custody but disagree on where the child should be registered, the child will stay registered at the residence it was before the disagreement arose. Read below on how the Family Law Administration can assist when parents with joint custody disagree about the child's residence.

Sole Custody

If the child spends an equal amount of time with both parents and one of the parents has sole custody, the child is registered at the residence of the parent who has custody, unless both parents have notified the municipality in writing that they agree the child should be registered at the residence of the other parent.

Joint Custody

If the parents have joint custody and disagree on where the child should be registered or if they disagree about the child moving abroad, the Family Law Administration offers child expert counselling and mediation services.

The Family Law Administration is also authorised to decide on the child's residence, if one parent applies for it. A decision about the child's residence will be based on what is in the child's best interest. The child’s viewpoint will be heard before a decision is made. Consideration will be given to the relationship between the child and the parents and how it would affect the child if they were to move, change residence, school, or otherwise.

If the parents have joint custody and a case regarding custody is brought before the court, the Family Law Administration can decide where the child will reside until custody is determined by the court.

Sole Custody

If one of the parents has sole custody over the child, that parent alone decides where the child shall reside and if the child can move abroad. Still, see above regarding consultation and relocation notice for when a child is relocating from the adress of a parent. 

If the parent without custody opposes the relocation the Family Law Administration has no authority in this matter. The non-custodial parent must firstly get a role in the custody of the child - either with an agreement with the custodial parent which then can be formalized through the Family Law Administration, or by bringing the matter of custody before the court. 

Conflict mediation

If parents disagree about the residence of the child, the Family Law Administration offers conflict mediation. Either or both parents can contact the Family Law Administration and request mediation. Learn more about conflict mediation here on the website.

Parents with an ongoing case regarding residence of a child or contact with the child, can apply for legal aid if they meet the financial criteria. This includes being represented by a lawyer. The income threshold to qualify for legal aid is the same as in cases where free trial is granted under Chapter 41 of the Administration of Justice Act for the Faroe Islands.

The application form Application for Legal Aid can be obtained upon request. 

For more information on legal aid and the financial criteria contact the Family Law Administration.

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.