Update
January 10, 2024

Information for U.S. Citizens in the Middle East

International Parental Child Abduction

English

Country Information

Malawi

Malawi
Republic of Malawi
Exercise increased caution in Malawi due to crime and civil unrest.

Reissued with updates to civil unrest information.

Exercise increased caution in Malawi due to crime and civil unrest.

Country Summary: Violent Crime such as theft, burglary, armed robbery, assault, and carjacking is common. The capabilities of the Malawi Police Service are growing but its resources and abilities to deter and investigate crimes, assist victims, and apprehend criminals are limited.

Demonstrations may occur and increase in frequency around political issues and events such as elections. Teargas is frequently deployed at demonstrations and roads may be blocked.

Read the country information page for additional information on travel to Malawi.

If you decide to travel to Malawi:

  • Avoid demonstrations and crowds.
  • Monitor local media for breaking events and be prepared to adjust your plans.
  • Keep travel documents up to date and easily accessible.
  • Enroll in the Smart Traveler Enrollment Program (STEP) to receive security messages and make it easier to locate you in an emergency.
  • Follow the Department of State on Facebook and Twitter.
  • Review the Country Security Report for Malawi.
  • U.S. citizens who travel abroad should always have a contingency plan for emergency situations. Review the Traveler’s Checklist.
  • Visit the CDC page for the latest Travel Health Information related to your travel.
  • U.S. citizens are reminded to avoid all gatherings, even peaceful ones, that could turn violent with little or no warning.
... [READ MORE]

Hague Convention Participation

Party to the Hague Abduction Convention?
No
U.S. Treaty Partner under the Hague Abduction Convention?
No

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. Embassy Lilongwe 

Area 40, City Center 
16 Jomo Kenyatta Road

Lilongwe 3, Malawi 
Mailing Address: PO Box 30016 
Lilongwe 3, Malawi

Local Mailing Address: 
PO Box 30016, Lilongwe 3, Malawi 
Telephone: +(265) 1-773-166, 1-773-342 and 1-773-367 (Dial "0" before the "1" within Malawi) 
Emergency After-Hours Telephone: +(265) (0)882-960-178 or +265 (0)88 198 0814 
Fax: +(265) 1-774-471 (Dial "0" before the "1" within Malawi) 
Email: LilongweConsular@state.gov

General Information

For information concerning travel to Malawi, 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 Malawi.

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

Hague Abduction Convention

Malawi is not a signatory to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (Hague Abduction Convention), nor are there any bilateral agreements in force between Malawi and the United States concerning international parental child abduction.

Return

Legal systems and laws pertaining to custody, divorce, and parental abduction vary widely from country to country.  The Malawian Ministry of Gender is responsible for these issues.

Parents are encouraged to consult with an attorney who specializes in family law in Malawi and who can provide accurate legal guidance that is specific to their circumstances. 

The Department of State’s Bureau of Consular Affairs, Directorate for Overseas Citizens Services, Office of Children’s Issues provides assistance in cases of international parental child abduction.  For U.S. citizen parents whose children have been wrongfully removed to or retained in countries that are not U.S. partners under the Hague Abduction Convention, the Office of Children’s Issues can provide information and resources about country-specific options for pursuing the return of or access to an abducted child.  The Office of Children’s Issues may also coordinate with appropriate foreign and U.S. government authorities about the welfare of abducted U.S. citizen children.  Parents are strongly encouraged to contact the Department of State for assistance.

Contact information:

U.S. Department of State 
Bureau of Consular Affairs
Office of Children's Issues
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: ChidAbduction.state.gov
Email: AfricaIPCA@state.gov

Parental child abduction is not a specific crime in Malawi.  Section 167, Chapter XVI, of the Malawi Penal Code does, however, define “Child Stealing” from “any parent, guardian, or other person who has the lawful care or charge of a child under the age of fourteen years” as a felony.  (The Penal Code of Malawi can be viewed as a .pdf file at the website of the Malawi Legal Information Institute of the Malawi Law Society here.)

Parents may wish to consult with an attorney in the United States and in the country to which the child has been removed or retained to learn more about how filing criminal charges may impact a custody case in the foreign court.  Please see Pressing Criminal Charges for more information. 

Visitation/Access

Legal systems and laws pertaining to custody, divorce, and parental abduction vary widely from country to country.  Parents are encouraged to consult with an attorney who specializes in family law in Malawi and who can provide accurate legal guidance that is specific to their circumstances.

The Office of Children’s Issues may be able to assist parents seeking access to children who have been wrongfully removed from or retained outside the United States.  Parents who are seeking access to children who were not wrongfully removed from or retained outside the United States should contact the U.S. Embassy in Malawi for information and possible assistance.

Retaining an Attorney

Neither the Office of Children’s Issues nor consular officials at the U.S. Embassy in Malawi are authorized to provide legal advice.

The U.S. Embassy in Lilongwe, Malawi, posts a list of attorneys, including those who specialize in family law, which you can access on this page under "local resources."

Additional information about the individuals on the list above may be available by contacting the Malawi Law Society: Tel.: (265) 1 821 043, Fax: (265) 1 824 635, email address: mls@sdnp.org.mw.

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 persons or firms included in this list. Professional credentials and areas of expertise are provided directly by the lawyers.

Mediation

Under the laws of Malawi, mediation is a possible remedy for both abduction and access cases. 

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: October 6, 2021

Assistance for U.S. Citizens

U.S. Embassy Lilongwe
Area 40, City Center
Lilongwe, Malawi
Mailing Address: PO Box 30016
Lilongwe 3, Malawi
Telephone
+(265) 1-773-166, 1-773-342 and 1-773-367 (Dial "0" before the "1" within Malawi)
Emergency
+(265) (0) 999-591-024 or +(265) (0) 888-734-826
Fax
+(265) 1-774-471 (Dial "0" before the "1" within Malawi)

Malawi Map