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International Parental Child Abduction
Morocco
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 Morocco. It is not intended as a legal reference. Currently there are no international or bilateral treaties in force between Morocco 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 Morocco, or vice versa, by one parent against the wishes of the other parent or in violation of a U.S. custody order.
Dual Nationality
The government of Morocco does not recognize "dual nationality". When the father is a citizen of Morocco, children automatically acquire Moroccan citizenship at birth, regardless of the country of birth, and must enter the country on Moroccan passports.
Enforcement of Foreign Court Orders
A parent can request that a foreign custody order be recognized in Morocco, but enforcement will result only if the order conforms to Moroccan law. Therefore, as a practical matter, foreign custody orders are not generally recognized in Morocco, and the parent must seek legal representation in Morocco and file for custody there.
Custody Disputes
When child custody disputes arise between parents, one of whom is a citizen of Morocco, custody decisions are based on Islamic law. Child custody cases are complex. Moroccan courts consider the parents’ religion, place of permanent residence, income, and the mother’s subsequent marital status.
Right of Custody and Travel Restrictions
Although women are normally granted custody of their children in divorces, regardless of nationality, the right of the father to control his children’s travel outside of Morocco is inviolable. Therefore, even if the children bear U.S. passports, the father must approve the children''s departure from Morocco. Immigration officials may require proof that the father approves the departure. Women must also obtain permission to move the children more than 100 kilometers from their last residence prior to the divorce.
American women married to Moroccans do not have to have permission of their husband to leave Morocco alone.
PLEASE NOTE: American citizens who travel to Morocco place themselves under the jurisdiction of Moroccan courts. Therefore, American citizens planning a trip to Morocco with dual national children should bear this in mind.
Specific questions regarding child custody in Morocco may be addressed to:
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Embassy of the Kingdom of Morocco Phone: (202) 462-7979 to 7982 U.S. Embassy Casablanca Phone: [212] (2) 26-45-50 or Consular Section |
For further information, please contact the Office of Children's Issues or visit our home page on the Internet at www.travel.state.gov/childabduction :
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Office of Children''s Issues |
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. These documents are available on the Internet at www.travel.state.gov .
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.
