Montenegro and the United States have been treaty partners under the 1980 Hague Convention on the Civil Aspects of International Child Abduction (Hague Abduction Convention) since December 1, 1991, when it was part of Yugoslavia. Following establishment of independence in 2006, Montenegro declared itself bound by this Convention on March 1, 2007.
For information concerning travel to Montenegro, 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 Montenegro.
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.
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 Montenegro. Parents are strongly encouraged to contact the Department of State for assistance prior to initiating the Hague process directly with the foreign Central Authority.
U.S. Department of State
SA-17, 9th Floor
Washington, DC 20522-1709
Outside the United States or Canada: 1-202-501-4444
The Montenegro Central Authority (MCA) for the Hague Abduction Convention is the Ministry of Justice. The MCA has an administrative role in processing Hague Abduction Convention applications. The MCA forwards completed Hague petitions to the competent civil court within the jurisdiction of the child’s location. The MCA can be reached at:
Ministry of Justice of the Republic of Montenegro
Vuka Karadžica # 3
81 000 Montenegro
Tel.: +382 (20) 407 520
Fax: +382 (20) 407 515
Contact Person: Ms. Dara Tomcic
Adviser in the Ministry of Justice of Montenegro
tel./fax: +382 20 407 510
To initiate a Hague case for return of, or access to, a child in Montenegro, the USCA encourages a parent or legal guardian to review the eligibility criteria and instructions for completing the Hague application form located at the Department of State website and contact the Department of State for assistance prior to initiating the Hague process directly with the MCA. It is extremely important that each document written in English be translated into Montenegrin, Serbian, Bosnian, or Croatian.
The USCA is available to answer questions about the Hague application process, to forward a completed application to the MCA, and to subsequently monitor its progress through the foreign administrative and legal processes.
There are no fees for filing Hague applications with either the U.S. or Montenegro central authorities. Attorney fees, if necessary, are the responsibility of the applicant parent or legal guardian. 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, Montenegro. 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 Montenegro. 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.
The Montenegro legal system does not require parents to retain a private attorney in order to file a Hague Abduction Convention petition with a court; however, the MCA recommends that parents have legal representation. Parents may hire a private attorney to assist them with their case and to advise them as to the best course of action for their individual circumstances. A parent who hires private counsel should notify both the Montenegro and the U.S. central authorities.
The U.S. Embassy in Podgorica, Montenegro, posts a list of attorneys including those 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 persons or firms included in this list. Professional credentials and areas of expertise are provided directly by the lawyers.
The MCA promotes mediation in abduction cases and will attempt to initiate mediation in Hague Abduction Convention cases. While courts cannot order mediation, judges can and do strongly encourage mediated resolutions and can stay hearings to permit parties the time to mediate.
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:
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.