International Parental Child Abduction

Morocco

DISCLAIMER: THE INFORMATION IN THIS CIRCULAR RELATING TO THE LEGAL REQUIREMENTS OF SPECIFIC FOREIGN COUNTRIES IS PROVIDED FOR GENERAL INFORMATION ONLY. QUESTIONS INVOLVING INTERPRETATION OF SPECIFIC FOREIGN LAWS SHOULD BE ADDRESSED TO FOREIGN COUNSEL.

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NOTE: The information contained in this flyer is intended as an introduction to the basic elements of children’s issues in Morocco. It is not intended as a legal reference. Currently there are no international or bilateral treaties in force between Morocco and the United States dealing with international parental child abduction. The Hague Convention on the Civil Aspects of International Child Abduction cannot be invoked if a child is taken from the United States to Morocco, or vice versa, by one parent against the wishes of the other parent or in violation of a U.S. custody order.

Dual Nationality

The government of Morocco does not recognize "dual nationality". When the father is a citizen of Morocco, children automatically acquire Moroccan citizenship at birth, regardless of the country of birth, and must enter the country on Moroccan passports.

Enforcement of Foreign Court Orders

A parent can request that a foreign custody order be recognized in Morocco, but enforcement will result only if the order conforms to Moroccan law. Therefore, as a practical matter, foreign custody orders are not generally recognized in Morocco, and the parent must seek legal representation in Morocco and file for custody there.

Custody Disputes

When child custody disputes arise between parents, one of whom is a citizen of Morocco, custody decisions are based on Islamic law. Child custody cases are complex. Moroccan courts consider the parents’ religion, place of permanent residence, income, and the mother’s subsequent marital status.

Right of Custody and Travel Restrictions

Although women are normally granted custody of their children in divorces, regardless of nationality, the right of the father to control his children’s travel outside of Morocco is inviolable. Therefore, even if the children bear U.S. passports, the father must approve the children's departure from Morocco. Immigration officials may require proof that the father approves the departure. Women must also obtain permission to move the children more than 100 kilometers from their last residence prior to the divorce.

American women married to Moroccans do not have to have permission of their husband to leave Morocco alone.

PLEASE NOTE: American citizens who travel to Morocco place themselves under the jurisdiction of Moroccan courts. Therefore, American citizens planning a trip to Morocco with dual national children should bear this in mind.

Specific questions regarding child custody in Morocco may be addressed to:

For further information on international parental child abduction, contact the Office of Children's Issues or visit our home page on the Internet at http://travel.state.gov, or send a nine-by-twelve-inch, self-addressed envelope to:

In addition, the State Department 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. When situations in a country are sufficiently serious, the State Department issues Travel Warnings which recommend U.S. citizens avoid traveling to a country. These documents are available on the Internet at http://travel.state.gov or by calling the State Department’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 >