International Parental Child Abduction Dominica

DISCLAIMER: The information in this flyer 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: The Government of the Commonwealth of Dominica 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 Dominica and the United States dealing with international parental child abduction. Recommendations to be a signatory to the Hague Convention on Civil Aspects of International Child Abduction have been submitted to the Government for consideration. American citizens who travel to Dominica place themselves under the jurisdiction of local courts. American citizens planning a trip to Dominica with dual national children should bear this in mind.

CUSTODY DISPUTES: In Dominica if parents are legally married they share the custody of their children, in the sense that the children live with them and are taken care of by them in the matrimonial home. However, legal custody lies with the father. When parents are not married the custody of the child usually lies with the mother. Due to the death of the mother, mental problems, or a declaration made by the Court that the mother is unfit based on an application by the father, a father may apply to the court for custody of the child. Foreign court orders are not automatically recognized.

ENFORCEMENT OF FOREIGN JUDGMENTS: Custody orders and judgments of foreign courts may be enforced in Dominica once there has been compliance with The Commonwealth Judgments Reciprocal Enforcements Act, which provides for reciprocal enforcement in the state of judgments in Courts of the United Kingdom and other Commonwealth Countries; or
The Foreign Judgments Reciprocal Enforcement Act, which provides for judgments given in foreign countries that accord reciprocal treatment to judgments given in Dominica.

VISITATION RIGHTS: In cases where one parent has been granted custody of a child, the other parent is usually granted visitation rights. Under the Maintenance Act 15 of 2001, when a parent has been made to maintain a child under a Maintenance Order, a parent can apply to the court for access to the child at the time when the order is made or thereafter once the order is in force. The American Embassy in Bridgetown has reported few problems for non-custodial parents exercising their visitation rights. If a custodial parent fails to allow visitation, the non-custodial parent may appeal to the court.

DUAL NATIONALITY: Dual nationality is recognized under Dominican law.

PASSPORT APPLICATIONS FOR MINORS: A person applying for a U.S. passport for a child under 16 must demonstrate that both parents or legal guardians 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: 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 Children's Passport Issuance Alert Program  (CPIAP). A parent or legal guardian can be notified by the Department of State before a passport is issued to his/her minor child.

TRAVEL RESTRICTIONS: No exit visas are required to leave Dominica.

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.

Persons who wish to pursue a child custody claim in a Dominican court should retain an attorney in Dominica. The U.S. Embassy in Barbados maintains a list of attorneys willing to represent American clients. A copy of this list may be obtained by requesting one from the Embassy at:

U.S. Embassy Bridgetown
Consular Section
ALICO Building, Cheapside
P O Box 302
Bridgetown
Barbados
Telephone: [246] 431-0225
Fax: [246] 431-0179

Web site: http://www.usembassy.state.gov/bridgetown

*The Consular Section is open M-F (except U.S. and Barbados holidays) 8:30-11:30
and 1-2 PM

Questions involving Dominican law should be addressed to a Dominican attorney or to the Embassy of Dominica in the United States at:

Embassy of the Commonwealth of Dominica
3216 New Mexico Avenue, NW
Washington, DC 20016
Telephone: (202) 364-6791


MORE INFORMATION: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 Country Specific Information 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 CSI for that country, the Department of State may issue a Travel Alert 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.