International Parental Child Abduction

Dominica

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 Government of the Commonwealth of Dominica 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 Dominica and the United States dealing with international parental child abduction. Recommendations to be a signatory to the Hague Convention on Civil Aspects of International Child Abduction have been submitted to the Government for consideration. American citizens who travel to Dominica place themselves under the jurisdiction of local courts. American citizens planning a trip to Dominica with dual national children should bear this in mind.

CUSTODY DISPUTES: In Dominica if parents are legally married they share the custody of their children, in the sense that the children live with them and are taken care of by them in the matrimonial home. However, legal custody lies with the father. When parents are not married the custody of the child usually lies with the mother. Due to the death of the mother, mental problems, or a declaration made by the Court that the mother is unfit based on an application by the father, a father may apply to the court for custody of the child. Foreign court orders are not automatically recognized.

ENFORCEMENT OF FOREIGN JUDGMENTS: Custody orders and judgments of foreign courts may be enforced in Dominica once there has been compliance with The Commonwealth Judgments Reciprocal Enforcements Act, which provides for reciprocal enforcement in the state of judgments in Courts of the United Kingdom and other Commonwealth Countries; or
The Foreign Judgments Reciprocal Enforcement Act, which provides for judgments given in foreign countries that accord reciprocal treatment to judgments given in Dominica.

VISITATION RIGHTS: In cases where one parent has been granted custody of a child, the other parent is usually granted visitation rights. Under the Maintenance Act 15 of 2001, when a parent has been made to maintain a child under a Maintenance Order, a parent can apply to the court for access to the child at the time when the order is made or thereafter once the order is in force. The American Embassy in Bridgetown has reported few problems for non-custodial parents exercising their visitation rights. If a custodial parent fails to allow visitation, the non-custodial parent may appeal to the court.

DUAL NATIONALITY: Dual nationality is recognized under Dominican law.

LAW ON PASSPORT APPLICATIONS FOR MINORS: On July 2, 2001, The Department of State implemented the law (Section 236 of Public Law 106-113) regarding the passport applications of minor U.S. citizens under the age of 14. Under this 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 www.travel.state.gov/children’s_issues.html.

TRAVEL RESTRICTIONS: No exit visas are required to leave Dominica.

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

Questions involving Dominican law should be addressed to a Dominican attorney or to the Embassy of Dominica 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 (202) 736-9090 or visit its web site on the Internet at http://travel.state.gov.

For answers to general questions, please contact the Overseas Citizens Services Hotline 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. This hotline provides OCS information to the general public and forwards callers to the appropriate OCS country officer as necessary. OCS information is also available on the web at: www.travel.state.gov. Please refer the general public to the Web site or to this toll free number during normal working hours. Persons seeking emergency assistance outside of these hours, including on weekends or holidays should call 1-202-647-5225.

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.

Other Government Websites

• First Gov Service Locator
• U.S. Department of Justice
• The White House
• more >