International Parental Child Abduction

Cuba

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: Cuba 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 Cuba and the United States dealing with international parental child abduction. American citizens who travel to Cuba place themselves under the jurisdiction of local courts. American citizens planning a trip to Cuba with dual national children should bear this in mind.

CUSTODY DISPUTES: In Cuba, if parents are legally married they 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. Foreign court orders are not automatically recognized.

ENFORCEMENT OF FOREIGN JUDGMENTS: Custody orders and judgments of foreign courts are not enforceable in Cuba.

VISITATION RIGHTS: In cases where one parent has been granted custody of a child, the other parent is usually granted visitation rights. If a custodial parent fails to allow visitation, the non-custodial parent may appeal to the court.

DUAL NATIONALITY: Dual nationality is not recognized under Cuban law.

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 effectuates 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 foreign 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 http://www.travel.state.gov/children's_issues.html.

TRAVEL RESTRICTIONS: Cuban citizen children (including dual nationals) are required to have exit visas to depart Cuba.

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 Cuban court should retain an attorney in Cuba. The U.S. Interests Section at the Embassy of Switzerland in Cuba maintains a list of attorneys willing to represent American clients. A copy of this list may be obtained by requesting one from the U.S. Interests Section of the Embassy at:

Questions involving Cuban law should be addressed to a Cuban attorney or to the Cuban Interests Section of the Embassy of Switzerland in the United States at:

For further information on international parental child abduction, contact the Office of Children's Issues, U.S. Department of State at 1-888-407-4747 or visit its web site on the Internet at http://travel.state.gov. You may also direct inquiries to:

For answers to general questions, please contact the Overseas Citizens Services Call Center at the toll-free number, 1-888-407-4747, which is available from 8:00AM through 8:00PM Eastern Standard 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.

The Department of State has general information about arranging for 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 (CISes) 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 (202) 647-5225.

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