International Parental Child Abduction

 

• 1China
• 2Taiwan
• 3Thailand
• 4Tunisia
• 5United Arab Emirates
• 6Uzbekistan

[top]China

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: The Peoples Republic of China (PRC) is not a party to the Hague Convention on the Civil Aspects of International Child Abduction, nor are there any international or bilateral treaties in force between China and the United States dealing with international parental child abduction. American citizens who travel to China place themselves under the jurisdiction of local courts. American citizens planning a trip to China with dual national children should bear this in mind.

CUSTODY DISPUTES: In China, parents who are legally married share the custody of their children. If they are not married and the parents cannot reach an agreement, custody is granted by the courts in the best interests of the child.

ENFORCEMENT OF FOREIGN JUDGMENTS: Custody orders and judgments of foreign courts are not enforceable in China. Such judgements must be presented to a Chinese court for that courts consideration and decision. In China, there is a limited process to appeal a lower court’s decision.

VISITATION RIGHTS: In cases where legal custody has been granted and the judgment has been rendered, the non-custodial parent’s visitation rights are normally incorporated within the court ordered decision.

DUAL NATIONALITY: Dual nationality is not recognized under Chinese law. Some U.S. citizens who are also Chinese nationals (mostly U.S.-born children of Chinese nationals or Legal permanent Permanent Residents) have experienced difficulty entering and departing China on U.S. passports. In some cases, such dual nationals are required to use Chinese travel documents to depart China. Normally this causes inconvenience but no significant problems for affected persons; however, in child custody disputes, the ability of dual national children to depart from China could be affected.

Generally, children who are Chinese nationals according to Chinese law are not permitted to depart China if one parent refuses to allow the travelrequested by one parent, even if that parent is considered an abducting parent by United States courts. In those cases, children abducted to China are only permitted to return to the United States if both parents agree to their return, or if a Chinese court upholds a United States Court’s decision to allow the left-behind parent sole custody.

Specific questions on dual nationality may be directed to the Office of Overseas Citizens Services, Department of State, Room 4811A, Washington. D.C. 20520 or to the U.S. Embassy or one of the U.S. Consulates General in China.

PASSPORT APPLICATIONS FOR MINORS: A person applying for a U.S. passport for a child under 16 must demonstrate that both parents or legal guardians 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: 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 Children's Passport Issuance Alert Program (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 CPIAP to the Office of Children's Issues. The CPIAP also effectuates 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 foreign 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.

TRAVEL RESTRICTIONS: While no exit visas are required to leave China, persons who replace passports are required to get an exit permit from the entry and exit police. The U.S. Embassy and Consulates will assist a traveler with a new passport in obtaining this document.

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 Office of Juvenile Justice and Delinquency Prevention.

Persons who wish to pursue a child custody claim in a Chinese court should retain an attorney in China. The American Embassy and U.S. Consulates in China maintain lists of attorneys willing to represent American clients. A copy of this list may be obtained by requesting one from the Embassy or Consulate at:

U.S. Embassy in Beijing
Consular Section
3 Xiu Shui Bei Jie
Beijing 100600
People’s Republic of China
Telephone: 011-86-10-6532-3431
Fax: 011-86-10-6532-4153
Web site: The United States Embassy in China
E-mail : amcitbeijing@state.gov

U.S. Consulate General in Guangzhou
1 Shamian Nanjie, Shamian Island
Guangzhou 510133
People’s Republic of China
Telephone: 011-86-20-8518-7605
Fax: 011-86-20-3884-4410

U.S. Consulate General in Shanghai
1469 Huaihai Road (M.)
Shanghai 200031
People’s Republic of China
Telephone: 011-86-21-6433-1681
Fax: 011-86-21-6433-1576

U.S. Consulate General in Shenyang
52 Shi Si Wei Lu
Heping District
Shenyang
People’s Republic of China
Telephone: 011-86-24-2322-1198
Fax: 011-86-24-2322-2374

U.S. Consulate General in Chengdu
No. 4 Lingshiguan Road
Chengdu
Cichuan 610041
People’s Republic of China
Telephone: 011-86-28-558-3992
Fax: 011-86-28-558-9221

Questions involving Chinese law should be addressed to a Chinese attorney or to the Embassy of China in the United States at:

Embassy of the People’s Republic of China
2201 Wisconsin Avenue, NW
Washington, DC 20007
Telephone: (202) 338-6688

For further information on international parental child abduction, contact the Office of Children's Issue s, U.S. Department of State at (202) 736-9090 or visit its web site on the Internet at Welcome to Travel.State.Gov. You may also direct inquiries to:

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) 736-9132

For answers to general questions, please contact Overseas Citizens Services at the toll-free number, 1-888-407-4747, available from 8:00 AM through 8:00 PM Eastern 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 information to the general public and forwards callers to the appropriate country officer as necessary. This information is also available on the web at Welcome to Travel.State.Gov .

The Department of State has general information about arranging 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 Country Specific Information (CSI's) 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 CSI for that country, the Department of State may issue a Travel Alert alerting U.S. citizens to local security situations. If conditions are sufficiently serious, a Travel Warning may be issued recommending that U.S. citizens avoid traveling to that country. These documents are available at Welcome to Travel.State.Gov

[top]Taiwan

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: Taiwan is not a party to the Hague Convention on the Civil Aspects of International Child Abduction; nor are there any international or bilateral treaties in force between Taiwan and the United States dealing with international parental child abduction. American citizens who travel to Taiwan place themselves under the jurisdiction of local courts. American citizens may wish to consider this before planning a trip to Taiwan with dual national children.

CUSTODY DISPUTES: In Taiwan, parents who are legally married 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.

ENFORCEMENT OF FOREIGN JUDGMENTS: Custody orders and judgments of foreign courts are enforceable in Taiwan. Custody court orders are placed on the Household Registry. If a court order is violated, the custodial parent can submit a complaint to the police to have them enforce the court order.

VISITATION RIGHTS: In cases where legal custody has been granted and the judgment has been rendered, the non-custodial parent can petition the court for visitation rights within the court ordered decision or come to a verbal agreement with the custodial parent.

DUAL NATIONALITY: Dual nationality is recognized under Taiwan law.

PASSPORT APPLICATIONS FOR MINORS: A person applying for a U.S. passport for a child under 16 must demonstrate that both parents or legal guardians 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: 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 Children's Passport Issuance Alert Program (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 CPIAP to the Office of Children's Issues. The CPIAP also effectuates 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 foreign 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.

TRAVEL RESTRICTIONS : No exit permits are normally required to leave Taiwan on a U.S passport with evidence of legal entry. However, in the case that a replacement U.S. passport is issued to an American who entered Taiwan on a U.S. passport which was subsequently lost or stolen, then an exit permit must be obtained from the Foreign Affairs Police. Taiwan also insists that anyone who in a Taiwan passport holder enter and leave Taiwan on that passport. If Taiwan citizens, including minors, attempt to leave Taiwan on valid foreign passports or other travel documents, they will be stopped by Taiwan Immigration at the port-of-exit and refused permission to depart until they have obtained a valid Taiwan passport. A custodial parent also may ask that a child’s name be placed on a watch list and not be allowed to depart Taiwan without the custodial parent’s permission.

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 Office of Juvenile Justice and Delinquency Prevention.

Persons who wish to pursue a child custody claim in a Taiwan court should retain an attorney in Taiwan. In the absence of diplomatic relations, the American Institute in Taiwan (AIT) conducts unofficial relations between the people of the United States and the people of Taiwan. The American Institute in Taiwan maintains a list of attorneys willing to represent American clients. A copy of this list may be obtained from the American Institute of Taiwan at:

American Institute in Taiwan
Consular Section
No. 7 Lane 134
Hsin Yi Road, Section 3
Taipei,
Taiwan
Telephone: 011-886-2-2709-2000
Fax: 011-886-2-2702-7675
Web site: US Dept of State - Websites of US Embassies, Consulates, and Diplomatic Missions

*The workweek for the American Institute is Monday through Friday from 8:00AM to 12 Noon and 1:30PM to 3:30PM.

Questions involving Taiwan law should be addressed to a Taiwan attorney or to the Economic and Cultural Representative Office of Taiwan in the United States at:

Taipei Economic and
Cultural Representative Office (TECRO)
4201 Wisconsin Avenue, NW
Washington, DC 20016-2137
Telephone: (202) 895-1800
Fax: (202) 895-0017

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 at International Parental Child Abduction .

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 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 Country Specific Information (CSI) 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 CSI for that country, the Department of State may issue a Travel Alert alerting U.S. citizens to local security situations. If conditions in a country are sufficiently serious, the Department of State may issue a Travel Alert or Travel Warning recommending that U.S. citizens avoid traveling to that country. These documents are available on Welcome to Travel.State.Gov

[top]Thailand

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: Parental Kidnapping is not a crime in Thailand and Thai authorities will not issue a warrant or become involved should one parent take a child without the other parent's authorization. The Hague Convention on the Civil Aspects of International Child Abduction cannot be invoked if a child is taken from the United States to Thailand, or vice versa, by one parent against the wishes of the other parent or in violation of a U.S. custody order.

CHILD CUSTODY: Under Thai law, the question of child custody is addressed in Book Five of the Thai Civil and Commercial Code under the general headings Termination of Marriage and Rights and Duties of Parent and Child. The relevant portions of the law follow in full:

Section 1520.
In case of divorce by mutual consent, the agreement for the exercise of parental power over each of the children shall be made in writing. In the absence of such agreement or (if) an agreement thereon cannot be reached, the matter shall be decided by the court.

In case of divorce by judgment of the court, the parental power belongs to the party in whose favor the judgment is given, unless it is decided by the court that the parental power shall belong to the other party, or that a third person shall be the guardian.

Section 1521.
If it appears that the guardian as provided in Section 1520 behaves himself or herself improperly or there is a change of circumstances after the appointment, the court has the power, after taking into consideration the happiness and interest of the child, to give an order appointing a new guardian.

Although the parental power belongs to one party, the other has the right to continue such personal relation with the child as may be reasonable according to the circumstances.

Section 1522.
In the case of divorce by mutual consent, an arrangement shall be made and contained in the agreement of divorce as to who, both of the spouses or either spouse, will contribute to the maintenance of the children and how much is the contribution. In case of divorce by judgment of the court or in case the agreement of divorce contains no provisions concerning the maintenance of the children, the court shall determine it.

Section 1566.
A child is subject to parental power as long as he is not sui juris. The parental power is exercised by the father or the mother in any of the following cases:

(1) The father or mother is dead;

(2) It is uncertain whether the father or the mother is living or dead;

(3) The father or the mother has been adjudged incompetent or quasi-incompetent;

(4) The father or the mother is placed in a hospital by reason of mental infirmity;

(5) The parental power has been granted to the father or the mother by an order of the court.
The parental power is exercised by the mother, when the child was born out of wedlock and has not yet been legitimated by the father according to Section 1547.

Section 1567.
A person exercising parental power has the right:

(1) to determine the child's place of residence

(2) to punish the child in a reasonable manner for disciplinary purposes;

(3) to require the child to do such work as may be reasonable to his ability and condition in life,

(4) to demand the return of the child from any person who unlawfully detains him.

As shown above, the question of child custody under Thai law is addressed mainly in the context of termination of marriage. It is therefore difficult to speculate about what kind of stance the Thai courts would take toward a custody decision made in the absence of the termination of a marriage, e.g., in the event of a legal separation.

As a matter of law, foreigners are treated on an equal basis with Thai citizens in matters relating to child custody. Thai law makes no distinction between the rights of the father and mother on issues of child custody.

ENFORCEMENT OF FOREIGN ORDERS: Foreign orders (including U.S. custody orders) are not enforced/enforceable in Thailand. American citizens who travel to Thailand place themselves under the jurisdiction of Thai courts. If a taking parent chooses to remain in Thailand with a child or leave a child behind in Thailand, the U.S. Embassy cannot force either the taking parent or the Thai Government to return the child to the United States. American citizens planning a trip to Thailand with dual national children should bear this in mind.

ACQUIRING THAI NATIONALITY: The Thai Nationality Act, Doc No. 2, B.E. 2535 (1992), states that any child born in Thailand of at least one Thai-citizen parent is a Thai citizen. If the child is born outside of Thailand, and has at least one Thai-citizen parent, the Thai parent can report the birth of the child to the nearest Thai Embassy or Consulate and the child will acquire Thai citizenship.

SPECIAL COURTS: Juvenile and Family Courts to hear custody cases can be found only in Bangkok and a few of the larger cities in Thailand

THAI PASSPORTS FOR CHILDREN: Parents wishing to obtain a Thai passport for their child must present a Birth Certificate (for children under14 years-old) or Thai identity card (for children between 15-20 years-old) of the child, the House Registration Certificate and the identity cards of mother and father. Both parents must accompany their minor child during the application process. In case one of the parents is unable to be present, he/she must sign a letter of consent, which must be brought to the office by the other parent and the minor.

CONTACT INFORMATION:
American Citizen Services (ACS)
Address: 95 Wireless Road, Bangkok 10330, Thailand
Tel: [66](2) 205-4049
E-mail: acsbkk@state.gov
Home Page: Services for Americans - U.S. Embassy Bangkok, Thailand

Consulate General in Chiang Mai
Address: 387 Witchayanond Road, Chiang Mai 50300, Thailand
Tel: [66](53) 252-629
Fax: [66](53) 252-633
Home Page: http://bangkok.usembassy.gov/consulcm/consulcm.htm

For international parental child abduction, contact the Office of Children's Issues at 202-736-7000, visit our home page on the Internet at International Parental Child Abduction, or send a nine-by-twelve-inch, self-addressed envelope to:

Office of Children's Issues (CA/OCS/CI)
U.S. Department of State
SA-29, 4th Floor
2201 C Street, N.W.
Washington, D.C. 20520-2818

PASSPORT APPLICATIONS FOR MINORS: A person applying for a U.S. passport for a child under 16 must demonstrate that both parents or legal guardians 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: 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 Children's Passport Issuance Alert Program (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 CPIAP to the Office of Children's Issues. The CPIAP also effectuates 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 foreign 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.

MORE INFORMATION: The State Department has general information about hiring a foreign attorney, service of process, and enforcement of child support and the international enforcement of judgments, which supplement the country-specific information provided in this flyer. In addition, the State Department publishes Country Specific Information for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations, and crime reports. When situations in a country are sufficiently serious, the State Department issues Travel Alerts or Travel Warnings that may recommend U.S. citizens defer travel to that country. These documents are available on the Internet at: Welcome to Travel.State.Gov or by the toll-free number, 1-888-407-4747, between 8:00 a.m. – 8:00 p.m. Eastern time, Monday thru Friday (except U.S. holidays). Callers who are unable to use the toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-317-472-2328. Persons seeking emergency information or assistance outside of these hours, including on weekends or holidays, should call 1-202-647-5225.

[top]Tunisia

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.

NOTE: The information contained in this flyer is intended as an introduction to the basic elements of children’s issues in Tunisia. It is not intended as a legal reference. Currently there are no international or bilateral treaties in force between Tunisia and the United States dealing with international parental child abduction. The Hague Convention on the Civil Aspects of International Child Abduction cannot be invoked if a child is taken from the United States to Tunisia, or vice versa, by one parent against the wishes of the other parent or in violation of a U.S. custody order.

Dual Nationality

When one of the parents is Tunisian, a child is considered Tunisian regardless of the child’s place of birth or whether the child had acquired the nationality of another country.

Residency

Tunisian courts expect that parents seeking child custody have established residency in Tunisia.

Enforcement of Foreign Custody Orders

The parent can request that a foreign child custody order be recognized in Tunisia, but enforcement will result only if the custody order conforms with Tunisian child custody law. Therefore, as a practical matter, foreign child custody orders are not generally recognized in Tunisia, and the parent must seek legal representation in Tunisia and file for custody in Tunisia.

Custody Disputes

When a child custody dispute arises between parents, one of whom is a Tunisian, the courts determine which parent is awarded legal custody of a child. Child custody laws in Tunisia are codified in the Child Code Law 67 of the Code du Statut Personnel Tunisian. Tunisian judges take into consideration the welfare and protection of the child and the eligibility of the parent seeking custody. (The parent must be over 21 years old, sound of mind, able to support and care for the child, and free from contagious diseases.)

Right of Custody and Visitation

The court will conduct an investigation to determine which parent will benefit the child the most. The court will base its custody decision on its assessment of what is in the best interests of the child. The law does not specify religious or nationality conditions for the mother. Even when Tunisian courts award legal custody to the mother, the father retains certain rights. The father may control the child’s welfare, enroll the child in school and provide for the child’s education. Tunisian courts do grant visitation rights to the non-custodial parent.

Travel Restrictions on Minor Children

Special authorization from the court must be obtained before the child can stay overnight outside the custodial parent’s home. If the custodial parent moves and the move interferes with the other parent’s rights and duties, the custodial parent can lose legal custody of the child. Imprisonment can result if the non-custodial parent takes the child without the consent of the custodial parent. Unless the child is at risk, the mother, as custodial parent, must give her permission before the father can take the child from her residence. A minor child, under the age of 20 years cannot be taken outside Tunisia without the father’s permission or the court’s authorization, when the mother has been awarded custody.

PLEASE NOTE: American citizens who travel to Tunisia place themselves under the jurisdiction of Tunisian courts. Therefore, American citizens planning a trip to Tunisia with dual national children should bear this in mind.

Specific questions regarding child custody in Tunisia may be addressed to:

Embassy of Tunisia
1515 Massachusetts Avenue, NW
Washington, D.C. 20005

Phone: (202) 862-1850

U.S. Embassy Tunis
144 Avenue de la Liberte
1002 Tunis-Belvedere

Phone: (216) (1) 7782-566, ext. 4280
Fax (216) (1) 789-719 or 788-928
Hours: 8:00 AM to 4:30 PM, except during July & August when hours are 7:30 AM to 4:00 PM.

For further information, contact the Office of Children's Issues at 202-736-9090, visit our home page at International Parental Child Abduction , or send a nine-by-twelve-inch, self-addressed envelope to:

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) 736-9133

PASSPORT APPLICATIONS FOR MINORS: A person applying for a U.S. passport for a child under 16 must demonstrate that both parents or legal guardians 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: 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 Children's Passport Issuance Alert Program (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 CPIAP to the Office of Children's Issues. The CPIAP also effectuates 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 foreign 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.

MORE INFORMATION:In addition, the State Department publishes Country Specific Information for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations, and crime reports. When situations in a country are sufficiently serious, the State Department issues Travel Alerts and Travel Warnings to caution U.S. citizens about these situations. These documents are available at Welcome to Travel.State.Gov

[top]United Arab Emirates

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: The United Arab Emirates (UAE) is not a party to the Hague Convention on the Civil Aspects of International Child Abduction, nor are there any international or bilateral treaties in force between the UAE and the United States dealing with international parental child abduction. American citizens who travel to the UAE are subject to the jurisdiction of UAE courts, as well as to the country''s laws and regulations. American citizens planning a trip to the UAE with dual national children should bear this in mind.

CUSTODY DISPUTES: When child custody disputes arise between parents, custody decisions are based on Islamic (Shari'a) law. Non-UAE nationals resident in the UAE, whether married to a UAE or non-UAE citizen, may file custody cases in the UAE. Non-residents of the UAE may also file custody cases in the UAE, but may need to authorize a UAE resident and/or a lawyer practicing in the UAE to act on their behalf for the duration of the case. Non-Muslims are also permitted to file cases in the UAE family courts, under Shari'a law.

In determining issues of custody, UAE courts may take into consideration the parents' religion, place of permanent residence, income, and the mother's subsequent marital status. Priority is generally given to the Muslim father, irrespective of his nationality, when the mother is a non-Muslim. As a basic starting point under Shari'a law, a Muslim mother may be granted custody of girls under the age of nine and boys under the age of seven, at which time custody may be transferred to the father.

If a child has attained an "age of discretion," that child may be allowed to choose the parent with whom he or she wishes to live. A UAE lawyer should be contacted to discuss the definition of "age of discretion."

If the court finds the mother "incompetent," custody of a child, regardless of age, can be given to the father, or to the child's grandmother on the father's side. A finding of incompetence is left fully to the discretion of the Shari'a judge. Shari'a courts consistently find parents incompetent if they engage in behavior that is considered to be inconsistent with the Islamic faith. Further, a mother may lose her rights of custody should she remarry. If both the mother and father are ruled incompetent, custody of the children may be given to the child's paternal grandparents.

Persons who wish to pursue a child custody claim in a UAE court may wish to retain an attorney in the UAE. The U.S. State Department, the U.S. Embassy in Abu Dhabi and the U.S. Consulate General in Dubai maintain a list of attorneys practicing in the area. A copy of this list may be obtained by contacting any of these offices, but the Embassy and the Consulate cannot recommend any specific attorney, and make no claim as to the ability or the integrity of the attorneys on the list. The Embassy and the Consulate cannot pay for any legal expenses incurred.

U.S. Embassy Abu Dhabi
P.O. Box 4009
Abu Dhabi, UAE
Phone: 971 2 443 6691
After hours emergency phone number: 971 2 443 4457
Fax: 971 2 443 5786
Workweek: Saturday through Wednesday

U.S. Consulate General Dubai
P.O. Box 9343
Dubai, UAE
Phone: 971 4 311 6000
After hours emergency phone number: 971 50 645 8773
Fax: 971 4 331 8594
Workweek: Saturday through Wednesday

U.S. Department of State
Office of Overseas Citizen Services
Washington, DC 20520
Phone: (202) 736-9090

Specific questions regarding child custody in the UAE should be addressed to an attorney practicing in the UAE or to the Embassy of the United Arab Emirates at:

Embassy of the United Arab Emirates
3522 International Court, NW
Washington, DC 20008
Phone: (202) 243-2400
Fax: (202) 243-2432

ENFORCEMENT OF FOREIGN JUDGMENTS: Custody orders and judgments of foreign courts are not enforceable in the UAE. UAE courts will not enforce U.S. court decrees ordering a parent in the UAE to pay child support. An American parent with a U.S. court order granting him or her custody can present that order to the court, and the court may take it into consideration, but it will not be binding in a custody proceeding in the UAE.

VISITATION RIGHTS: Non-custodial parents are guaranteed visitation rights, but may have to seek approval from the appropriate authorities. In some cases the custodial parent and family have been very open and accommodating in facilitating the right of the non-custodial parent to visit and maintain contact with the child, but in other cases the custodial parent and family have not been so accommodating.

DUAL NATIONALITY: Dual nationality is not recognized under UAE law. Children of UAE fathers automatically acquire UAE citizenship at birth, regardless of where the child was born. In certain circumstances, UAE mothers can also transmit citizenship. UAE citizens must enter and exit the country on UAE passports.

TRAVEL RESTRICTIONS: Exit visas are not required to leave the UAE. However, all persons exiting the country must exit on the passport that shows proof of the person''s legal status in the UAE, meaning either their residence or entry visa.

A parent can obtain a court order that places a travel ban on a child, and this ban will be enforced at all the airports in the country. If a parent attempts to leave with a child who has been placed under a travel ban, this could potentially lead to new legal issues concerning the custody of the child.

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 Office of Juvenile Justice and Delinquency Prevention.
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 at International Parental Child Abduction.

PASSPORT APPLICATIONS FOR MINORS: A person applying for a U.S. passport for a child under 16 must demonstrate that both parents or legal guardians 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: 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 Children's Passport Issuance Alert Program (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 CPIAP to the Office of Children's Issues. The CPIAP also effectuates 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 foreign 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.

MORE INFORMATION: The State Department has general information about hiring a foreign attorney, service of process, enforcement of child support orders, and the international enforcement of judgments, which supplement the country-specific information provided in this flyer. In addition, the State Department publishes Country Specific Information for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations, and crime reports. When situations in a country are sufficiently serious, the State Department issues Travel Alerts or Travel Warnings that may recommend U.S. citizens deter travel to that country. These documents are available on Welcome to Travel.State.Gov

[top]Uzbekistan

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:
Uzbekistan is a party to the Hague Convention on the Civil Aspects of International Child Abduction but the Convention is not yet in force between Uzbekistan and the United States.

Dual Nationality:
Dual nationality is not recognized under Uzbek law.

Custody Disputes:
Past Uzbek court practice has given priority for custodianship to the mother as long as certain restrictive conditions are met. The father can appeal for custody at any time.

Enforcement of Foreign Judgments:
Custody orders and judgments of foreign courts are not enforceable in Uzbekistan if they potentially contradict or violate local laws and practices.

Visitation Rights:
In cases where one parent has custody of a child, the second parent may be granted visitation rights by court decision.

Travel Restrictions:
Uzbekistan issues two types of exit permissions:
A) Temporary exit permission valid for two years: Consent of both parents (or guardian) is needed only for a minor under the age of 16. If only one parent is alive, a death certificate must be supplied.
B) Permission to leave the country indefinitely: ALL citizens (adults and children) must submit a notarized letter of consent from both parents or supply a death certificate of the parents.

Persons who wish to pursue a child claim in Uzbekistan court should retain an attorney in Uzbekistan. The U.S. Embassy in Tashkent maintains a list of lawyers acting in Uzbekistan. A copy of the list may be obtained by request from the Embassy at:

U.S. Embassy Tashkent
Consular Section
#82 Chilanzarskaya St.
Tashkent, 700115
Uzbekistan

Telephone: 998-71-120-5450
Fax: 998-71-120-6335
Web site: Embassy of the United States Tashkent, Uzbekistan - Home
Consular Section e-mail: consular@usembassy.uz

The workweek for the U.S. Embassy is Monday thru Friday from 9:00 a.m. - 6:00 p.m.

Questions involving Uzbek laws should be addressed to an Uzbek attorney or to the Embassy of Uzbekistan in the United States at:

Embassy of Uzbekistan
1746 Massachusetts Ave. N.W.
Washington, D.C. 20036
Telephone: (202) 887-5300
Fax: (202) 293-6804

For further information on international parental child abduction, contact the U.S. Dept. State , the Office of Children''s Issues, at (202) 736-9090 or visit our web site on the Internet at Welcome to Travel.State.Gov. You may also direct inquiries to:

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) 736-9133

Passport Information:

PASSPORT APPLICATIONS FOR MINORS: A person applying for a U.S. passport for a child under 16 must demonstrate that both parents or legal guardians 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: 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 Children's Passport Issuance Alert Program (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 CPIAP to the Office of Children's Issues. The CPIAP also effectuates 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 foreign 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.

MORE INFORMATION: The State Department has general information about hiring a foreign attorney, service of process, and enforcement of child support orders and the international enforcement of judgments, which supplement the country-specific information provided in this flier. In addition, the State Department publishes Country Specific Information for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations, and crime reports. When situations in a country are sufficiently serious, the State Department issues Travel Alerts and Travel Warnings that may recommend U.S. citizens deter travel to that country. These documents are available on the Internet at Welcome to Travel.State.Gov or by the toll-free number, 1-888-407-4747, between 8:00 am - 8:00p.m. Eastern Standard Time, Monday thru Friday (except U.S. holidays). Callers who are unable to use the toll-free, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.

TOLL FREE HOTLINE: Overseas Citizen Services in the Bureau of Consular Affairs (CA/OCS) has established a toll free hotline for the general public at 1-888-407-4747. This number is available from 8:00 a.m. - 8:00 p.m. Eastern Standard Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during theses hours by calling 1-202-501-4444. Persons seeking emergency information or assistance outside of these hours, including on weekends or holidays should call 1-202-647-5225.

Can I possibly use the the hague convention in the UAE??