International Parental Child Abduction

Bahamas

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 The Bahamas on January 1, 1994. Therefore, Hague Convention provisions for return would apply to children abducted or retained after January 1, 1994. Parents and legal guardians of children taken to The Bahamas prior to January 1, 1994, may still submit applications for access to the child under the Hague Convention in some cases. The Bahamas is currently listed as a country of concern in the State Department's Compliance Report, which is submitted to Congress on a yearly basis, for their implementation of the Hague Convention for the return of children to the United States. Hague applications sent to The Bahamas for return of abducted children have not been acted on for years; Bahamian courts have then refused to order the return of abducted children on the grounds that they have become acclimated to life in The Bahamas.

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 not relevant to your Hague case and may, in fact, complicate it.

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

1) A completed U.S. Central Authority application form for each child. This form may be obtained from the Office of Children's Issues or downloaded off of our web site. Please refer to pages 37 through 41 of the of the U.S. Central Authority’s brochure, “International Parental Child Abduction” for instructions on completing the application form.

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

3) A copy of either the custody order in effect when the child was taken to The Bahamas 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 taking parent. The sizes of the photos are irrelevant. These photos will not be returned to you.

If appropriate: 5) 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:

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

*Note using the regular mailing system will delay our receipt your documents.

You may submit your application directly with the Central Authority listed below. If filing directly, you must send of 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 The Bahamas.

LEGAL COUNSEL: You will require an attorney to file the Hague application with the court and to represent your interests in hearings on your application. You will 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, The Bahamas is not obligated to pay for or in any way assume any costs resulting from court proceedings. Legal assistance is available, however. Qualification for assistance is based on economic need. Information regarding availability for legal assistance may be obtained from the Central Authority office.

TIME FRAME: Enforcement of a decision for return under the Hague Convention may take several months from the time of filing the application. It is important to remember that the Bahamian 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 region to region as well as from case to case. Hague Convention matters are given priority by Bahamian courts, but scheduling is still dependent on court availability. You should consult your Bahamian attorney for an assessment of the procedure and anticipated delays in that country.

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 Bahamian attorney regarding appeal procedures.

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. 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 travel.state.gov/children’s_issues.html.

For answers to general questions, please contact the Overseas Citizens Services Call Center 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.

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.

____ Application form - signed original, one for each child

____ Marriage Certificate (if applicable)

____ Birth Certificate of child

____ Divorce Decree (if applicable)

____ Evidence of custodial right

• Custody order, or
  
• Copy of state statute, or
  
• Affidavit of law regarding presumption of custody under state law, or
  
• Article 15 determination by state court.

____ Other pertinent court documents

____ Photograph of taking parent and child

____ Statement regarding circumstances of removal or retention

____ Article 28 Authorization

____ Translations

____ Application for legal assistance (if applicable)

Other Government Websites

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