International Parental Child Abduction
China
September 2002
DISCLAIMER: The information in this circular relating to the legal requirements of a specific foreign country is provided for general information only. Questions involving interpretation of specific foreign laws should be addressed to foreign legal counsel.
GENERAL INFORMATION: The Peoples Republic of China (PRC) is not a party to the Hague Convention on the Civil Aspects of International Child Abduction, nor are there any international or bilateral treaties in force between China and the United States dealing with international parental child abduction. American citizens who travel to China place themselves under the jurisdiction of local courts. American citizens planning a trip to China with dual national children should bear this in mind.
CUSTODY DISPUTES: In China, parents who are legally married share the custody of their children. If they are not married and the parents cannot reach an agreement, custody is granted by the courts in the best interests of the child.
ENFORCEMENT OF FOREIGN JUDGMENTS: Custody orders and judgments of foreign courts are not enforceable in China. Such judgements must be presented to a Chinese court for that courts consideration and decision. In China, there is a limited process to appeal a lower court’s decision.
VISITATION RIGHTS: In cases where legal custody has been granted and the judgment has been rendered, the non-custodial parent’s visitation rights are normally incorporated within the court ordered decision.
DUAL NATIONALITY: Dual nationality is not recognized under Chinese law. Some U.S. citizens who are also Chinese nationals (mostly U.S.-born children of Chinese nationals or Legal permanent Permanent Residents) have experienced difficulty entering and departing China on U.S. passports. In some cases, such dual nationals are required to use Chinese travel documents to depart China. Normally this causes inconvenience but no significant problems for affected persons; however, in child custody disputes, the ability of dual national children to depart from China could be affected.
Generally, children who are Chinese nationals according to Chinese law are not permitted to depart China if one parent refuses to allow the travelrequested by one parent, even if that parent is considered an abducting parent by United States courts. In those cases, children abducted to China are only permitted to return to the United States if both parents agree to their return, or if a Chinese court upholds a United States Court’s decision to allow the left-behind parent sole custody.
Specific questions on dual nationality may be directed to the Office of Overseas Citizens Services, Department of State, Room 4811A, Washington. D.C. 20520 or to the U.S. Embassy or one of the U.S. Consulates General in China. For additional information, please see the Bureau of Consular Affairs home page on the Internet at http://travel.state.gov for the Dual Nationality flyer.
NEW LAW ON PASSPORT APPLICATIONS FOR MINORS: On July 2, 2001, The Department of State began implementation of the new law (Section 236 of Public Law 106-113) regarding the passport applications of minor U.S. citizens under the age of 14. Under this new law, a person applying for a U.S. passport for a child under 14 must demonstrate that both parents consent to the issuance of a passport to the child or that the applying parent has sole authority to obtain the passport. This law covers passport applications made at domestic U.S. passport agencies in the United States and at U.S. consular offices abroad. Exceptions to this requirement may be made in special family circumstances or exigent circumstance necessitating the immediate travel of the child. The purpose of the new requirement that both parents’ consent be demonstrated is to lessen the possibility that a U.S. passport might be used in the course of an international parental child abduction.
CHILDREN’S PASSPORT ISSUANCE ALERT PROGRAM (CPIAP): Separate from the two-parent signature requirement for U.S. passport issuance, parents may also request that their children’s names be entered in the U.S. passport name-check system, also know as CPIAP. A parent or legal guardian can be notified by the Department of State’s Office of Children’s Issues before a passport is issued to his/her minor child. The parent, legal guardian or the court of competent jurisdiction must submit a written request for entry of a child’s name into the Passport Issuance Alert program to the Office of Children’s Issues. The CPIAP also provides denial of passport issuance if appropriate court orders are on file with the Office of Children’s Issues. Although this system can be used to alert a parent or court when an application for a U.S. passport has been executed on behalf of a minor, it cannot be used to track the use of a passport that has already been issued. If there is a possibility that your child has another nationality you may want to contact the appropriate embassy or consulate directly to inquire about the possibility of denial of that country’s passport. There is no requirement that foreign embassies adhere to U.S. regulations regarding issuance and denial of passports. For more information contact the Office of Children’s Issues at 202-736-9090. General passport information is also available on the Office of Children’s Issues home page on the Internet at children's_issues.html.
TRAVEL RESTRICTIONS: While no exit visas are required to leave China, persons who replace passports are required to get an exit permit from the entry and exit police. The U.S. Embassy and Consulates will assist a traveler with a new passport in obtaining this document.
CRIMINAL REMEDIES: For information on possible criminal remedies, please contact your local law enforcement authorities or the nearest office of the Federal Bureau of Investigation (FBI). Information is also available on the Internet at the web site of the U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention (OJJDP) at http://www.ojjdp.ncjrs.org.
Persons who wish to pursue a child custody claim in a Chinese court should retain an attorney in China. The American Embassy and U.S. Consulates in China maintain lists of attorneys willing to represent American clients. A copy of this list may be obtained by requesting one from the Embassy or Consulate at:
U.S. Embassy in Beijing
Consular Section
3 Xiu Shui Bei Jie
Beijing 100600
People’s Republic of China
Telephone: 011-86-10-6532-3431
Fax: 011-86-10-6532-4153
Web site: http://www.usembassy-china.org.cn
E-mail: amcitbeijing@state.gov
U.S. Consulate General in Guangzhou
1 Shamian Nanjie, Shamian Island
Guangzhou 510133
People’s Republic of China
Telephone: 011-86-20-8121-8418
Fax: 011-86-20-8121-8428
U.S. Consulate General in Shanghai
1469 Huaihai Road (M.)
Shanghai 200031
People’s Republic of China
Telephone: 011-86-21-6433-1681
Fax: 011-86-21-6433-1576
U.S. Consulate General in Shenyang
52 Shi Si Wei Lu
Heping District
Shenyang
People’s Republic of China
Telephone: 011-86-24-2322-1198
Fax: 011-86-24-2322-2374
U.S. Consulate General in Chengdu
No. 4 Lingshiguan Road
Chengdu
Cichuan 610041
People’s Republic of China
Telephone: 011-86-28-558-3992
Fax: 011-86-28-558-9221
Questions involving Chinese law should be addressed to a Chinese attorney or to the Embassy of China in the United States at:
Embassy of the People’s Republic of China
2201 Wisconsin Avenue, NW
Washington, DC 20007
Telephone: (202) 338-6688
For further information on international parental child abduction, contact the Office of Children's Issues, U.S. Department of State at (202) 736-9090 or visit its web site on the Internet at http://travel.state.gov. You may also direct inquiries to:
Office of Children's Issues
SA-29
U.S. Department of State
2201 C Street, NW
Washington, DC 20520-2818
Phone: (202) 736-9090
Fax: (202) 312-9743
For answers to general questions, please contact Overseas Citizens Services at the toll-free number, 1-888-407-4747, available from 8:00 AM through 8:00 PM Eastern Time, Monday through Friday (except U.S. holidays). Callers who are unable to use the toll-free number, such as those calling from overseas, may obtain information and assistance during the hours by calling 1-317-472-2328. This hotline provides information to the general public and forwards callers to the appropriate country officer as necessary. This information is also available on the web at http://travel.state.gov.
The Department of State has general information about arranging consular visits to abducted children, hiring a foreign attorney, service of process, enforcement of child support orders, and international enforcement of judgments, which may supplement the country-specific information provided in this flier. In addition, the Department of State publishes Consular Information Sheets (CIS's) for every country in the world, providing information such as location of the U.S. embassy, health conditions, political situations, and crime reports. If the situation in a country poses a specific threat to the safety and security of American citizens that is not addressed in the CIS for that country, the Department of State may issue a Public Announcement alerting U.S. citizens to local security situations. If conditions in a country are sufficiently serious, the Department of State may issue a Travel Warning recommending that U.S. citizens avoid traveling to that country. These documents are available on the Internet at http://travel.state.gov or by calling the Department of State’s Office of Overseas Citizen Services at 1-888-407-4747.
