International Parental Child Abduction

Yemen

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 legal counsel.

GENERAL INFORMATION: Yemen 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 Yemen and the United States dealing with international parental child abduction. American citizens who travel to Yemen are subject to the jurisdiction of Yemeni courts, as well as to the country's laws and regulations. This holds true for all legal matters including child custody. Parents planning to travel with their children to Yemen should bear this in mind.

CUSTODY DISPUTES: Cases involving divorce and the custody of minor children are adjudicated in local courts that apply principles of Islamic law. Islamic law will be applied regardless of the religious beliefs of the parents.

In Yemen, Islamic law gives priority for custodianship to the mother as long as certain restrictive conditions are met. However, once the children reach adolescence (age 9 for boys and age 12 for girls), the father can take custody. If the mother refuses, the father can file in court for custody. A court can find a mother unfit to have custody before the children reach adolescence. In that case, a maternal grandmother living in Yemen or a paternal grandmother (if the maternal grandmother is not living in Yemen) will be given custody until the children reach the age at which the father may appeal for custody.

In actual practice, the conditions placed on the mother's primary right to custody often enable the father to maintain a great deal of influence over the rearing of the children, even though he may not have custody. For example, the mother must seek his approval to depart Yemen with the children. Frequently, the father is actually able to assume custody against the wishes of the mother when she is unable or unwilling to meet the conditions set by law for her to maintain her custodial rights.

A mother can lose her primary right to custody of a child in a number of ways. The court can determine that she is incapable of safeguarding the child or of bringing the child up in accordance with the appropriate religious standards. The mother can void her right to custody by re-marrying a party considered "unmarriageable," or by residing in a home with people who might be "strangers" to the child. The mother may not deny visitation rights to the father or the paternal grandfather and may not travel outside Yemen with the child without the father's approval and the approval of the court. In general, a Yemeni man divorcing his non-Yemeni wife may be awarded legal custody of their children if the court determines that any of the above conditions have not been met.

Under Shari'a law, if a mother removes a child from the father, thus denying him access, the mother's custody rights can be severed. Removal of children from Yemen without the father's permission is a crime in Yemen. Immigration officials at the port of exit may request permission from the father before permitting the children to leave Yemen.

A Yemeni father can remove his children from Yemen without approval of the mother. While a mother can legally seek a travel ban to prevent the father from taking the children out of Yemen, this is not always possible in reality.

Persons who wish to pursue a child custody claim in a Yemeni court should retain an attorney in Yemen. The U.S. Embassy in Sanaa maintains a list of attorneys willing to represent American clients. A copy of this list may be obtained by contacting the Embassy or the U.S. Department of State. U.S. government officials cannot recommend an attorney and make no claim as to the professional ability or integrity of the attorneys on this list. The U.S. government does not pay legal expenses. A copy of this list may be obtained by contacting the following offices.

U.S. Embassy Sanaa
Dhahr Himyar Zone
Sheraton Hotel District
P.O. Box 22347
Sanaa, Yemen
Phone: (967) (1) 303-155
After hours: (967) (1) 303-166
Fax: (967) (1) 303-175
Work Week: Saturday through Wednesday

U.S. Department of State
Office of Overseas Citizen Services
Washington, DC 20520
Phone: (202) 647-5226

Specific questions regarding child custody in Yemen should be addressed to a Yemeni attorney or to the Embassy of the Republic of Yemen at:

Embassy of the Republic of Yemen
2600 Virginia Avenue, N.W.
Suite 705
Washington, D.C. 20037
Phone: 202-965-4760

ENFORCEMENT OF FOREIGN JUDGMENTS: Custody orders and judgments of foreign courts are not enforceable in Yemen if they potentially contradict or violate local laws and practices. For example, an order from a U.S. court granting custody to an American mother may not be honored in Yemen if the mother intends to take the child to live outside Yemen. Courts in Yemen will not enforce U.S. court decrees ordering a parent in Yemen to pay child support.

VISITATION RIGHTS: The government of Yemen will assist non-custodial parents who wish to visit their children in Yemen. When the custodial parent refuses to permit visitation, the non-custodial parent will need to file a complaint in local court.

DUAL NATIONALITY: Dual nationality is recognized under Yemeni law. Children of Yemeni fathers automatically acquire Yemeni citizenship at birth, regardless of where the child was born. Yemeni women can only transmit citizenship in rare instances when there is official intervention from the Yemen government. Yemenis are not required to enter and leave the country on Yemeni passports.

TRAVEL RESTRICTIONS: Parents can obtain an order from a local court preventing the other parent from taking a child out of Yemen, regardless of the child's nationality, when there is a custody dispute before the local court.

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.

MORE INFORMATION: 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 8:00a.m. to 8:00p.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. 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: http://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 information or 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.