OTHER SERVICES

The Department and its Foreign Service posts will do whatever they can to assist parents who are involved in child custody disputes; however, in most cases, the amount and type of assistance is quite restricted.

Jurisdictional Limitations and Legal Assistance

If the parents cannot work out an amicable settlement of a child custody dispute, the only recourse may be a court action in the country where the child is located. The law of the country in which the child is physically present, even temporarily, is controlling.

Traditionally, the legal doctrine to which most countries have adhered is that the presence of a child within a particular country renders its courts competent to determine who should have custody of the child, regardless of any prior custody judgment issued by a court in another country.  As a result, it is not unusual to find conflicting custody decisions in different jurisdictions.

Although U.S. consular officers can provide lists of attorneys in their consular districts, they cannot recommend any particular attorney, offer legal advice, represent U.S. citizens in custody or other hearing before foreign courts, or attempt to influence the outcome of those hearings.  Please see our section on Legal Assistance for a list of attorneys in Spain.

Consular officers have no legal authority to obtain physical custody of children and return them to the United States.  They cannot assist a parent in acquiring physical custody of a child illegally or by force or deception, officers cannot help a parent to leave a foreign country with a child whose custody is disputed if the departure would violate a court order or the laws of the foreign country.

The Hague Convention on Child Abduction

In October 1980, The Hague Conference on Private International Law unanimously adopted The Hague Convention on the Civil Aspects of International Child Abduction, which was signed by both the United States and Spain.  The purpose of this multilateral treaty is to secure the prompt return of children wrongfully removed from or retained in any country which is party to the Convention.

In summary, the countries that are parties to the Convention have agreed that, subject to certain limited exceptions and conditions, a child who is removed from or retained in one of the signatory countries shall be promptly returned to the other member country where the child habitually resided before the abduction or wrongful retention. There is a treaty obligation to return an abducted child below the age of 16 if application is made within one year from the date of wrongful removal or retention. The requesting parent must have been actually exercising custody at the time of the abduction or retention of the child. For more specific details please see links posted below.

Each country that is party to the Convention has designated a Central Authority to carry out specialized duties under the Convention.  Parents are asked to contact their local Central Authority directly.  To obtain information on how to invoke the Convention, contact:

If your child has been abducted from the United States:

          Office of Children’s Issues
          Toll Free Phone within the U.S.:

          1-888-407-4747 [8:00 AM to 08:00 PM]
          SA-29
          2201 C Street, NW
          Department of State
          Washington, D.C. 20520
          Tel : [202] 736-9090
          Fax : [202] 736-9133
          Email : AskCI@state.gov

The U.S. State Department Office of Children's Issues

Application for Assistance under the Hague Convention (PDF file)

For guidance and instructions on completing the application form refer to the U.S. Central Authority’s brochure at: International Parental Child Abduction Booklet

If your child has been abducted from Spain:

          Secretaria General Técnica

Subdirección General de Cooperación Jurídica
          Internacional

Ministerio de Justicia

Calle San Bernardo, 45

28015, Madrid

España

For guidance and instructions please see International Child Abduction Issues in Spain.

Preventing Child Abduction

Passport Assistance to parents resident in Spain

If you are resident of Spain and fear that your U.S. citizen child might be taken abroad by the other parent without the mutual consent of both parents, the child’s name can be put in the U.S. passport name check system.  Then, if an application is received, the requesting parent will be informed before the passport issuance is adjudicated.

When there is a court order that prohibits the removal of the child, and the order is provided to the U.S. Citizen Services Section, the passport issuance will be denied.

Passport Assistance to parents resident in The United States

For assistance and other sources of information, please visit the State Department International Parental Child Abduction site.

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