International Parental Child Abduction

Hong Kong

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 Hague Convention on the Civil Aspects of International Child Abduction (the "Hague Convention") came into force between the United States and Hong Kong on September 1, 1997. Therefore, Hague Convention provisions for return would apply to children abducted or retained after September 1, 1997. Parents and legal guardians of children taken to Hong Kong prior to September 1, 1997, may still submit applications for access to the child under the Hague Convention in some cases.

Please Note: Submit your completed, signed application as soon as possible. Do not wait to get a custody order to begin the application process. A custody order issued after the taking or retention (a "chasing order") is in general not relevant to your Hague case and may, in fact, complicate it.

HAGUE APPLICATION: To apply for assistance under the Hague Convention in Hong Kong, you will need to submit the following:

2) One copy of each child’s birth certificate(s), and a copy of your marriage certificate and divorce decree, as appropriate.

3) An authenticated copy of either the custody order in effect when the child was taken to Hong Kong or the state law that establishes your right to custody, and any agreements regarding custody or access. Note: It is not necessary to have sole custody to apply for assistance under the Hague Convention. If no custody order exists, and your state’s laws are silent as to a parent’s right of custody, an affidavit of law from an U.S. attorney may be acceptable.

4) Photos of each child and the abductor. The sizes of the photos are irrelevant. These photos will not be returned to you.

5) An affidavit of the applicant verifying the information contained in the Hague application and any additional information that supports the application.

6) Copies of travel and identity documents of the abducted child (ren) and the abductor.

7) Other relevant documents.

If appropriate:

8)Article 28 Authorization. You must sign this form in order for the Central Authority to have the legal authority to act on your behalf. A copy of this form is attached to this flier.

Please refer to the attached checklist for guidance in preparing your application.

Please remember:

• All documents should be typed or very clearly printed in black ink as they may be faxed more than once.
• Fill out the Hague application as completely as possible with the information you possess. The physical descriptions of the abductor and child (Parts I and III) are especially important, and should be completed regardless of the existence of accompanying photos. Also important is your explanation of the circumstances leading up to and surrounding the child’s removal from the United States (Part IV on the application). In cases where the child has been gone for a few months or more, your statement - which can be done on a separate piece of paper - should be as detailed as possible regarding any actions you have taken to recover the child in the interim.
• If you are concerned that the abductor will flee or hide the child when notified of the proceedings, it is very important that you note this and state the reason for this concern in section VIII of the application or on a separate page. It is helpful if this concern is repeated in a cover letter or note attached to the application.
• There is no fee to file a Hague application. However, in Hong Kong, an applicant will have to bear the legal costs and expenses of Hague proceedings unless such costs are covered by legal aid.

The completed Hague application with supporting documents should be submitted to:

If you are sending the application by courier (FedEx, UPS, DHL, Postal Express), please use the following street address to ensure a faster delivery:

(*As of February, 2002 the Department of State is has been experiencing considerable delays of at least three to four weeks in the delivery of regular mail due to mandated irradiation against harmful substances. We strongly recommend that Hague application packages be sent using one of the above mentioned couriers to ensure prompt delivery.)

You may submit your application directly with the Central Authority listed below. If filing directly, you must also send a copy of your application and supporting documents to the U.S. Central Authority.

Should you have any questions, please contact the Office of Children's Issues or the Central Authority of Hong Kong.

LEGAL REPRESENTATION: You may directly commence proceedings in Hong Kong courts, but it is advisable to retain a lawyer to represent you in such proceedings. If you have any difficulties, you should contact the Central Authority of Hong Kong for more information and assistance. You will usually be required to give evidence as to the circumstances of your child’s removal or retention, usually in the form of a sworn statement or affidavit. Under the Convention, Hong Kong is not obligated to pay for or in any way assume any costs resulting from court proceedings. Legal aid is available, however, if an applicant passes the merits test and the means test. Information regarding availability of legal aid may be obtained from the Legal Aid Department of Hong Kong. Their 24-hour Enquiry Hotline number is (852) 2537-7677 and fax number is (852) 2537- 5940. Their e-mail address is http://www.info.gov.hk/lad.

TIME FRAME: The making of a A decision for return under the Hague Convention may take weeks to several months from the time of filing the application. It is important to remember that the Hong Kong legal system differs from that in the United States. How the court considers the case, and how and when it issues its decision, will vary from case to case. The Hong Kong courts give Hague Convention matters priority, but scheduling is still dependent on court availability. You should consult your Hong Kong lawyer or the Central Authority of Hong Kong for an assessment of the procedure and anticipated delays in Hong Kong.

APPEALS: Decisions on Hague applications may be appealed by either party, which may further delay enforcement of a decision. You should consult directly with your Hong Kong lawyer or the Central Authority of Hong Kong regarding appeal procedures.

CRIMINAL REMEDIES: For information on possible criminal remedies in the United States, please contact your local law enforcement authorities or the nearest office of the Federal Bureau of Investigation. 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 at http://www.ojjdp.ncjrs.org. Please note that criminal charges may complicate a Hague Convention case. Contact the country officer in the Office of Children's Issues for specific information.

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.

For general questions, please contact the Overseas Citizens Services Hotline toll-free at 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. Please refer the general public to the Web site or to this toll free number during normal working hours. Persons seeking emergency information or 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 consular visits to abducted children, hiring a foreign attorney, service of process, enforcement of child support orders, and the international enforcement of judgments, which supplements the country-specific information provided in this flier. In addition, the Department of State publishes Consular Information Sheets 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. When situations in a country are sufficiently serious, the Department of State issues Travel Warnings that recommend 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.

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