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International Parental Child Abduction
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:
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Embassy of Tunisia Phone: (202) 862-1850 U.S. Embassy Tunis Phone: (216) (1) 7782-566, ext. 4280 |
For further information, contact the Office of Children's Issues at 202-736-9090, visit our home page at www.travel.state.gov/childabduction , or send a nine-by-twelve-inch, self-addressed envelope to:
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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 www.travel.state.gov.
