BermudaOfficial Name: Bermuda
Embassies and Consulates
16 Middle Road
Devonshire DV 03
Telephone: 441 295-1342
Emergency Telephone: 441 335-3828
Fax: 441 295-1592
Bermuda is a British Overseas Territory of the United Kingdom. The United Kingdom extended the 1980 Hague Convention on the Civil Aspects of International Child Abduction (Hague Abduction Convention) to Bermuda on December 21, 1998. Bermuda and the United States have been treaty partners under the Hague Abduction Convention since March 1, 1999.
For information concerning travel to Bermuda, including information about the location of the U.S. Embassy, the Smart Traveler Enrollment Program, entry/exit requirements, safety and security, crime, medical facilities and health information, traffic safety, road conditions and aviation safety, please see country-specific information for Bermuda at: http://travel.state.gov/travel/cis_pa_tw/cis/cis_1067.html.
Hague Abduction Convention
The U.S. Department of State serves as the U.S. Central Authority (USCA) for the Hague Abduction Convention. In this capacity, the Department’s Bureau of Consular Affairs, Directorate for Overseas Citizens Services, Office of Children’s Issues facilitates the submission of applications under the Hague Abduction Convention for the return of, or access to, children located in countries that are U.S. treaty partners, including Bermuda. Parents are strongly encouraged to contact the Department of State for assistance prior to initiating the Hague process directly with the foreign Central Authority.
United States Department of State
Bureau of Consular Affairs
SA-17, 9th Floor
Washington, DC 20522-1709
Outside the United States or Canada: 1-202-501-4444
The Bermudian Central Authority for the Hague Abduction Convention is The Attorney General. The Attorney General’s office performs the duties given to central authorities under the Hague Abduction Convention, including processing Hague Abduction Convention applications for return of and access to children. They can be reached at:
The Attorney General
Attorney General's Chambers
43 Church Street
To initiate a Hague case for return of, or access to, a child in Bermuda, the left-behind parent must submit a Hague application to the Bermudian Central Authority (The Attorney General), either directly, or through the U.S. Central Authority (USCA). The USCA is available to answer questions about the Hague application process, to forward a completed application to The Attorney General, and to subsequently monitor its progress through the foreign administrative and legal processes.
There are no fees for filing Hague applications with either the United States or Bermudian central authorities. Attorney fees, if necessary, are the sole responsibility of the person hiring the attorney. Additional costs may include airplane tickets for court appearances and for the return of the child, if so ordered.
A parent or legal guardian may file an application under the Hague Abduction Convention for return to the United States of a child abducted to, or wrongfully retained in, Bermuda. The U.S. Department of State can assist parents living in the United States to understand whether the Convention is an available civil remedy and can provide information on the process for submitting a Hague application.
A person may file an application under the Hague Abduction Convention for access to a child living in Bermuda. The criteria for acceptance of a Hague access application vary from country to country. The U.S. Department of State can assist parents living in the United States to understand country-specific criteria and provide information on the process for submitting a Hague application.
Retaining an Attorney
Retaining a private attorney is not required in order to submit Hague Convention applications to a court in Bermuda. The Attorney General assigns a Crown Counsel to the Hague case to submit the Hague application to the court, and to monitor the case. The Crown Counsel does not serve as the legal representative of the left behind parent. Left behind parents may choose to hire a private attorney, and for financially qualified applicants, legal assistance is available through the BCA. A privately-hired attorney should contact the BCA as soon as possible after the Hague Abduction Convention application has been filed with the BCA.
The U.S. Consulate General in Hamilton, Bermuda posts list of attorneys who specialize in family law on their website: http://photos.state.gov/libraries/hamilton/19452/pdfs/lawyerslist2010B.pdf.
This list is provided as a courtesy service only and does not constitute an endorsement of any individual attorney. The Department of State assumes no responsibility or liability for the professional ability or reputation of, or the quality of services provided by, the following persons or firms. Professional credentials and areas of expertise are provided directly by the lawyers.
While the Government of Bermuda may recommend mediation, all such mediation services are conducted privately at the expense of the parties involved.
Do not attempt to take back your child
We strongly discourage taking matters into your own hands. The measures could be illegal and may delay your child’s return. Attempts to re-abduct your child from the United States may:
- Endanger your child and others;
- Prejudice any future judicial efforts you might wish to make in the United States; and
- Could even result in your arrest and imprisonment.
Finally, there is no guarantee that the chain of abductions would end with the one committed by you. A parent who has re-abducted a child may have to go to extraordinary lengths to conceal his or her whereabouts, living in permanent fear that the child may be re-abducted yet again.
If you are contemplating such desperate measures, we advise you to consider the emotional trauma inflicted on a child who is a victim of an abduction and a re-abduction. We discourage re-abduction not only because it is illegal, but also because of possible psychological harm to the child.
DISCLAIMER: The information in this flyer is provided for general information only, is not intended to be legal advice, and may change without notice. Questions involving interpretation of law should be addressed to an attorney licensed in the relevant jurisdiction.