Child

International Parental Child Abduction

Last Updated Aug 20, 2008 11:34 AM

Consular Assistance in Non-Hague Convention Cases

If the Convention is not applicable to your case and you need assistance from the Consulate General, please provide as much of the following information as you can: the child's date and place of birth; the child's passport number, and date and place of issue; information about the child's departure from the United States and/or destination in Australia; and, the names, the addresses and telephone numbers of persons with whom the child traveled or is believed to be staying.

Information concerning the provisions which have been made for custody of the child or a copy of any pertinent court decree is helpful. Parents should also include telephone numbers where they can be reached.

In child custody controversies in Australia, the U.S. Embassy or Consulate General serving the area where the children reside can attempt to locate them, monitor their welfare upon the request of a parent, and furnish a list of local attorneys. Generally, each state's Department of Family and/or Community Services has primary responsibility for the welfare of children in custody disputes, including allegations of abuse or neglect. Please note that the Australian privacy laws severely restrict disclosure of the social worker's findings, except with the consent of the person from whom the information was obtained or in connection with legal proceedings or for other lawful purposes.


Passport Denial in Child Custody Cases

A parent who wishes to obtain a passport for a minor child abroad must have physical custody of the child. The child must physically appear for the passport and must have the proper documentation (i.e. evidence of U.S. citizenship of the child, parent’s identity and parentage evidence).

In the absence of a local court order granting sole custody of the minor child to one parent (or a court order restraining a parent from removing the child from the country, or a written request for denial from the parent having sole custody), both parents are considered to have legal control of the minor. A passport will be issued to the child upon the application submitted by either parent. This means that if one parent has obtained a passport for the minor child, and refuses to permit the other parent to use the passport to travel with the child, the other parent may obtain another passport for the child. This exception to the general rule (that a person should not have more than one valid passport at a time) is necessary because of the exceptional circumstances of child custody cases.

Although a U.S. passport has been issued, the issuance does not guarantee that the child will exit the country, especially if the child is a dual national with concurrent citizenship in the host country. The object parent may contact the local officials and request the child to be restrained from leaving the country.


Request for Denial of Passport

When there is controversy concerning the custody of a minor, a passport-issuing office in the United States or the U.S. Embassies and Consulate General abroad may deny issuance of passport to the child(ren) if they receives a court order from a court within the country in which passport services are sought. A parent with a U.S. or foreign court custody order may file at the Department of State in Washington, D.C. or a nearest U.S. Embassy or Consulate General, a formal objection to the issuance of a passport to a minor child by submitting a written request together with a certified copy of the custody order or restraining order, contact address and telephone numbers.

The court order must give custody of the child(ren) to the parent who has requested that passport services be denied or must specifically forbid the child(ren)’s departure from the country without the court’s permission. The court order must be a complete copy, that is, the copy must contain all of the information on the order, from the venue at the top of the first page or cover to the filing information at the bottom or on the reverse of the last page. Partial copies will not be accepted and no action to deny issuance of a passport can be made on the basis of a partial copy of a court order.

The parent’s written request should include the following:

The child’s birth certificate showing his/her full name, date and place of birth and both parents’ data;
Evidence of the child’s U. S. Citizenship, e.g. birth certificate, passport, Consular Report of Birth Abroad (Form FS-240), Certification of Birth (Form DS-1350), Certificate of Naturalization or Certificate of Citizenship;
Evidence of parent’s identity, e.g. passport, driver’s license etc.
The Department of State will then enter a notice in its computerized name-check system, notify the custodian parent, and deny issuance of passport should an application for the child be received anywhere in the United States or at any U.S. Embassies or Consulates abroad.
Please note that once a child’s name was entered into the passport name-check system, the name will remain in the system until the child turns eighteen years of age, or, a written request from the custodian parent to remove the child’s name from the system, whichever comes first.

Even in cases where a passport cannot be denied, parents can be notified if passport applications are submitted in the names of their children.

Generally, after a passport has been issued, it cannot be revoked merely because the child has become involved in a custody dispute. usembassy - australia.

See also Child 599 1 - 9