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International Parental Child Abduction

DISCLAIMER: The information in this flyer relating to the legal requirements of specific foreign countries is provided for general information only. Questions involving interpretation of specific foreign laws should be addressed to foreign legal counsel.

GENERAL INFORMATION: Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Montserrat, and the Turks and Caicos are British overseas territories. The United Kingdom of Great Britain and Northern Ireland has extended the Hague Convention on the Civil Aspects of International Child Abduction 1980 to cover Bermuda, Cayman Islands, Falkland Islands, Isle of Man, and Montserrat. For further information on the filing of a Hague application for one of these territories, please contact the appropriate case officer in the Office of Children’s Issues at 202-736-9090. Anguilla, the British Virgin Islands, and the Turks and Caicos Islands are currently not covered by the Hague Convention, nor are there any international or bilateral treaties in force between these territories and the United States dealing with international parental child abduction. American citizens who travel to the British overseas territories place themselves under the jurisdiction of their local courts. American citizens planning a trip to the British overseas territories with dual national children should bear this in mind.

CUSTODY DISPUTES: In the British overseas territories, if parents are legally married they share the custody of their children. If they are not married, by law the custody is granted to the mother unless there are known facts of inappropriate behavior, mental or social problems. Foreign court orders are not automatically recognized.

ENFORCEMENT OF FOREIGN JUDGMENTS: Custody orders and judgments of foreign courts are not enforceable in the British overseas territories.

VISITATION RIGHTS: In cases where one parent has been granted custody of a child, the other parent is usually granted visitation rights. If a custodial parent fails to allow visitation, the non-custodial parent may appeal to the court.

DUAL NATIONALITY: Dual nationality is recognized under the British overseas territories’ laws.

LAW ON PASSPORT APPLICATIONS FOR MINORS: On July 2, 2001, The Department of State implemented the law (Section 236 of Public Law 106-113) regarding the passport applications of minor U.S. citizens under the age of 14. Under this law, a person applying for a U.S. passport for a child under 14 must demonstrate that both parents consent to the issuance of a passport to the child or that the applying parent has sole authority to obtain the passport. This law covers passport applications made at domestic U.S. passport agencies in the United States and at U.S. consular offices abroad. Exceptions to this requirement may be made in special family circumstances or exigent circumstance necessitating the immediate travel of the child. The purpose of the new requirement that both parents’ consent be demonstrated is to lessen the possibility that a U.S. passport might be used in the course of an international parental child abduction.

CHILDREN’S PASSPORT ISSUANCE ALERT PROGRAM (CPIAP): Separate from the two-parent signature requirement for U.S. passport issuance, parents may also request that their children’s names be entered in the U.S. passport name-check system, also know as CPIAP. A parent or legal guardian can be notified by the Department of State’s Office of Children’s Issues before a passport is issued to his/her minor child. The parent, legal guardian or the court of competent jurisdiction must submit a written request for entry of a child’s name into the Passport Issuance Alert program to the Office of Children’s Issues. The CPIAP also provides denial of passport issuance if appropriate court orders are on file with the Office of Children’s Issues. Although this system can be used to alert a parent or court when an application for a U.S. passport has been executed on behalf of a minor, it cannot be used to track the use of a passport that has already been issued. If there is a possibility that your child has another nationality you may want to contact the appropriate embassy or consulate directly to inquire about the possibility of denial of that country’s passport. There is no requirement that foreign embassies adhere to U.S. regulations regarding issuance and denial of passports. For more information contact the Office of Children’s Issues at 202-736-9090. General passport information is also available on the Office of Children’s Issues home page on the internet at: www.travel.state.gov/children’s_issues.html.

TRAVEL RESTRICTIONS: No exit visas are required to leave any of the British overseas territories.

CRIMINAL REMEDIES: For information on possible criminal remedies, please contact your local law enforcement authorities or the nearest office of the Federal Bureau of Investigation (FBI). Information is also available on the Internet at the web site of the U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention (OJJDP) at http://www.ojjdp.ncjrs.org.

Persons who wish to pursue a child custody claim in any British overseas territory court should retain an attorney in the British overseas territory that they are pursuing the child custody claim. The U.S. Embassy in Barbados maintains a list of attorneys for Anguilla, the British Virgin Islands, and Montserrat, the U.S. Embassy in Jamaica maintains a list for the Cayman Islands, and the U.S. Embassy in The Bahamas maintains a list for the Turks and Caicos who are willing to represent American clients. A copy of this list may be obtained by requesting one from one of the specific Embassies at:

U.S. Embassy Bridgetown
Consular Section
ALICO Building, Cheapside
P O Box 302
Bridgetown
Barbados
Telephone: (246) 431-0225
Fax: (246) 431-0179
Web site: http://www.usembassy.state.gov/bridgetown

*The workweek for the Embassy is Monday to Friday from 8:30am to 11:30am and 1-2pm.

U.S. Embassy Kingston
Mutual Life Building
2 Oxford Road, Third Floor
Kingston 5
Jamaica, West Indies
Telephone: (876) 929-4850 to 9
*The workweek for the Embassy is Monday to Friday from 7:15am to 4:00pm.

U.S. Embassy Nassau
Consular Section
42 Queen Street
P O Box N-8197
Nassau, Bahamas
Telephone: (242) 322-1181
*The workweek for the Embassy is Monday to Friday from 9:00am to12:00pm and 2:00pm to 4:00pm.

Questions involving British West Indies’ laws should be addressed to a British West Indies attorney or to the Embassy of the British in the United States at:

British Embassy
3100 Massachusetts Avenue, NW
Washington DC
Telephone: (202) 588-7800
Fax: (202) 588-7850

For further information on international parental child abduction, contact the Office of Children''s Issues , U.S. Department of State at (202) 736-9090 or visit its web site on the Internet at http://travel.state.gov.

Office of Children''s Issues
SA-29
U.S. Department of State
2201 C Street, NW
Washington, DC 20520-2818
Phone: (202) 736-9090
Fax: (202) 312-9743

For answers to general questions, please contact the Overseas Citizens Services Hotline at the toll-free number, 1-888-407-4747, which is available from 8:00AM through 8:00PM Eastern Standard Time, Monday through Friday (except U.S. holidays). Callers who are unable to use the toll-free number, such as those calling from overseas, may obtain information and assistance during the hours by calling 1-202-501-4444. This hotline provides OCS information to the general public and forwards callers to the appropriate OCS country officer as necessary. OCS information is also available on the web at: www.travel.state.gov. Please refer the general public to the Web site or to this toll free number during normal working hours. Persons seeking emergency assistance outside of these hours, including on weekends or holidays should call 1-202-647-5225.

The Department of State has general information about arranging for consular visits to abducted children, hiring a foreign attorney, service of process, enforcement of child support orders, and international enforcement of judgments, which may supplement the country-specific information provided in this flier. In addition, the Department of State publishes Consular Information Sheets (CISes) for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations, and crime reports. If the situation in a country poses a specific threat to the safety and security of American citizens that is not addressed in the CIS for that country, the Department of State may issue a Public Announcement alerting U.S. citizens to local security situations. If conditions in a country are sufficiently serious, the Department of State may issue a Travel Warning recommending that U.S. citizens avoid traveling to that country. These documents are available on the Internet at http://travel.state.gov or by calling the Department of State’s Office of Overseas Citizen Services at (202) 647-5225.