International Parental Child Abduction

Oman

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 competent legal counsel.

GENERAL INFORMATION: Oman 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 Oman and the United States dealing with international parental child abduction. American citizens who travel to Oman are subject to the jurisdiction of Omani courts, as well as to the country's laws and regulations. American citizens planning a trip to Oman with dual national children should bear this in mind.

CUSTODY DISPUTES: When child custody disputes arise between parents of any religion, the custody decisions by Omani courts are based on Islamic (Shari'a) law. Custody cases can be very complex and are usually determined on a case-by-case basis. When making decisions regarding child custody matters, Omani courts consider the parents' religion(s), place(s) of permanent residence, income, and the parents' marital status.

(Note: Omani law differentiates between custodianship and guardianship. Generally speaking, a custodian has been awarded custody of the child and is responsible for his/her upbringing including education and care. A guardian is responsible for the child's financial support.)

Omani courts do not, as a general rule, award custody of "dual national" (U.S./Omani) children to an American mother or father, even one who is Muslim. A fundamental consideration of awarding custody is the parent's place(s) of permanent residence and degree of access to the children. Custody of very young children is generally granted to the mother as long as certain restrictive conditions are met. Once the children come of age (for males completion of their seventh year of age, for females the onset of puberty), the father can appeal for, and will usually be awarded, full custody provided certain restrictive conditions are met. If a father were unable or unfit to be custodian of his children, the court may give custody to another family member. Shari'a court judges have broad discretion in custody cases and often make exceptions to these general guidelines, particularly in cases in which a parent is from an influential family or has powerful connections in Oman.

Even when a mother is granted custody, the non-custodial father maintains a great deal of influence on the rearing of the children. In many cases, the father has been able to acquire legal custody of children against the wishes of the mother when she is unable or unwilling to meet certain conditions set by law for her to maintain her custodial rights. For example, if a mother refuses to give the father access to his child or attempts to leave Oman with the children without the court's permission, a mother's custody rights can be severed. The Omani court can sever a mother's custody if it determines that the mother is incapable of safeguarding the child or of bringing the child up in accordance with the appropriate religious standards. Either parent can lose custody by re-marrying a party considered "unmarriageable," or by residing in a home with people that might be "strangers." However, the final decision is left to the discretion of the Shari'a court.

Shari'a law forbids the removal of children from Oman without first obtaining permission from the court. The U.S. Embassy cannot prevent the Omani government from arresting and either deporting or prosecuting an American citizen who violates Omani law.

Persons who wish to pursue a child custody claim in an Omani court should retain an attorney in Oman. The State Department and the U.S. Embassy in Oman maintain a list of attorneys willing to represent American clients. A copy of this list may be obtained by contacting either office. It is the responsibility of the prospective client to assess the capabilities of an attorney. The Embassy cannot recommend any specific attorney, and makes no claim as to the ability or the integrity of the attorneys on the list. The Embassy cannot pay for any legal expenses incurred.

U.S. Department of State
Office of Overseas Citizen Services
Washington, DC 20520
Phone: (202) 647-5225

U.S. Embassy Muscat
Consular Section
P.O. Box 202
Madinat al Sultan Qaboos 115
Sultanate of Oman
Telephone: [968] 698-989
Fax: [968] 699-189
Website: http://www.usa.gov.om
Consular Section: aemctcns@omantel.net.om
The workweek for the Embassy is Saturday through Wednesday from 8:00 AM to 4:30 PM.

Specific questions regarding child custody in Oman should be addressed to an Omani attorney or to the Embassy of Oman at:

Embassy of the Sultanate of Oman
2535 Belmont Road, NW
Washington, DC 20008
Telephone: (202) 387-1980
Fax: (202) 745-4933

ENFORCEMENT OF FOREIGN JUDGMENTS: Custody orders and judgments of foreign courts are not enforceable in Oman if they potentially contradict or violate local laws and practices. For example, an order from a U.S. court granting custody to an American parent will not be honored in Oman if the parent intends to take the child to live outside Oman. Nor will Omani courts enforce U.S. court decrees ordering a parent in Oman to pay child support.

VISITATION RIGHTS: Non-custodial parents are generally entitled to visitation rights as determined by the Shari'a judge.

DUAL NATIONALITY: Dual nationality is not recognized by the Sultanate of Oman. Children of Omani fathers automatically acquire Omani citizenship at birth and must enter and leave the country on Omani passports even if they are entitled to hold the passport of another country. Omani women cannot transmit citizenship to their children.

TRAVEL RESTRICTIONS: When a custody case is pending with the Shari'a court, children, regardless of their nationality, are generally subject to court-imposed travel restrictions. Either parent can request the court to restrict the travel of his/her minor children.

NEW U.S. LAW ON PASSPORT APPLICATIONS FOR MINORS: On July 2, 2001, the Department of State began implementation of the new law (Section 236 of P.L. 106-113) regarding the passport applications of minor U.S. citizens under age 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 known as CPIAP. A parent or legal guardian can ask to 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. 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.

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.

For further information on international parental child abduction, contact the Office of Children's Issues, U.S. Department of State at (202) 736-7000 or visit its web site on the Internet at http://travel.state.gov.

The State Department has general information about hiring a foreign attorney, service of process, enforcement of child support orders, and the international enforcement of judgments, which may supplement the country-specific information provided in this flyer. 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 Public Announcements or Travel Warnings that may recommend U.S. citizens defer travel to that country. These documents are available on the Internet at http://travel.state.gov or by calling the toll-free number, 1-888-407-4747, between 8:00a.m. and 8:00p.m.Eastern Standard Time, Monday through Friday (except U.S. holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-317-472-2328.

Toll Free Hotline: Overseas Citizens Services in the Bureau of Consular Affairs (CA/OCS) has established a toll free hotline for the general public at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Standard Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-317-472-2328. Persons seeking information or assistance outside of these hours, including on weekends or holidays should call 1-202-647-5225.

The staff of the OCS hotline can answer general inquiries regarding international parental child abduction and will forward requests for assistance to the appropriate Country Officer. For specific information and other services available to the searching parent, please call the Office of Children's Issues public phone number at 1-202-736-9090 during normal working hours.