International Parental Child Abduction

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Country Information

Bermuda

Bermuda
Bermuda
Exercise normal precautions in Bermuda.

Exercise normal precautions in Bermuda.

Read the Safety and Security section on the country information page.

If you decide to travel to Bermuda:

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Hague Convention Participation

Party to the Hague Abduction Convention?
Yes
U.S. Treaty Partner under the Hague Abduction Convention?
Yes

What You Can Do

Learn how to respond to abductions FROM the US
Learn how to respond to abductions TO the US

Embassies and Consulates

U.S. Consulate General Hamilton

16 Middle Road
Devonshire DV 03
Bermuda

Telephone: +(441) 295-1342

Emergency After-Hours Telephone: +(441) 335-3828

Fax: +(441) 295-1592

General Information

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.

The U.S. Department of State reports statistics and compliance information for individual countries in the Annual Report on International Parental Child Abduction (IPCA).  The report is located here.

 

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.

Contact information:

United States Department of State
Bureau of Consular Affairs
CA/OCS/CI
SA-17, 9th Floor
Washington, DC 20522-1709
Telephone:  1-888-407-4747
Outside the United States or Canada: 1-202-501-4444
Website: travel.state.gov
Email: AskCI@state.gov

 

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
Global House
43 Church Street
HAMILTON HM12
Bermuda
Telephone: +441-292-2463
Fax:  +441-292-3608
Email:  agc@gov.bm

 

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.

Return

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.

Visitation/Access

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.

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

Mediation

While the Government of Bermuda may recommend mediation, all such mediation services are conducted privately at the expense of the parties involved.

Exercising Custody Rights

While travelling in a foreign country, you are subject to the laws of that country. It is important for parents to understand that, although a left-behind parent in the United States may have custody or visitation rights pursuant to a U.S. custody order, that order may not be valid and enforceable in the country in which the child is located.  For this reason, we strongly encourage you to speak to a local attorney if planning to remove a child from a foreign country without the consent of the other parent.  Attempts to remove your child to the United States may:

  • Endanger your child and others;
  • Prejudice any future judicial efforts; and
  • Could result in your arrest and imprisonment.

The U.S. government cannot interfere with another country’s court or law enforcement system.

To understand the legal effect of a U.S. order in a foreign country, a parent should consult with a local attorney in the country in which the child is located.  

For information about hiring an attorney abroad, see our section on Retaining a Foreign Attorney. 

Although we cannot recommend an attorney to you, most U.S. Embassies have lists of attorneys available online. Please visit the local U.S. Embassy or Consulate website for a full listing.

For more information on consular assistance for U.S. citizens arrested abroad, please see our website.

Country officers are available to speak with you Monday - Friday, 8:00 a.m. - 5:00 p.m.  For assistance with an abduction in progress or any emergency situation that occurs after normal business hours, on weekends, or federal holidays, please call toll free at 1-888-407-4747. See all contact information.

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. 

 

Last Updated: July 6, 2015

Assistance for U.S. Citizens

U.S. Consulate General Hamilton
16 Middle Road
Devonshire DV 03
Bermuda
Telephone
+(441) 295-1342
Emergency
+(441) 335-3828
Fax
+(441) 295-1592

Bermuda Map