International Parental Child Abduction Jordan
DISCLAIMER:The information on this page 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: Jordan is not a signatory to the Hague Abduction Convention.
Jordanian laws regarding divorce and custody of minor children are adjudicated in religious courts. If the marriage partners are Muslim, disputes will be resolved before a Sharia court judge who will apply principles of Islamic law. In the case of Christians, the court will be an Ecclesiastical Court composed of clergymen from the appropriate religious community. For Christians, the law will be derived from principles governing family status in the Greek Orthodox Church, Roman Catholic Church or other Christian denominations.
Effective January 2010, Jordan re-established a general rule requiring the father to sign a child’s Jordanian passport application.
A mother’s signature is not required for a father to renew the child’s Jordanian passport. . The Jordanian Embassy provides
procedures for applying for a child’s Jordanian passport at http://www.jordanembassyus.
Jordanian citizens may depart Jordan on a valid Jordanian passport.
Foreigners, however, must depart on a valid passport, including evidence of entry into Jordan, accompanied by their valid
residency permit, if applicable. A foreigner cannot depart Jordan without evidence of entry into Jordan. If a foreigner
attempts to depart Jordan without evidence of legal residency, they are subject to an overstay fine of 1.5 JD (US $2.12) per
day, payable upon departure.
If a Jordanian-American citizen enters Jordan on a U.S. passport, s/he can depart on a Jordanian passport without incurring
overstay fines, or without showing evidence of entry into Jordan.
Country-specific information on Jordan is posted by the U.S. Department of State’s Division of American Citizen Services and
Crisis Management (ACS) at: http://travel.state.gov/
LEGAL SYSTEM: Jordan has three main types of courts: Civil courts, military courts and religious courts. Religious courts have jurisdiction
over all matters of "personal status." This includes most family law matters such as marriage, divorce, child custody, and
adoption or guardianship. Consequently, there is no civil marriage or divorce in Jordan.
Under Sharia law, a mother retains physical custody of her children until puberty, which, in Jordan, may be interpreted as
15 years of age. (For more information, please see “Civil Remedies” below).
In Jordan, it is illegal to have a child out of wedlock. A woman must present a marriage certificate to the hospital at the
time of admission. Under Jordanian law, it is impossible to document a child born out of wedlock.
The Department of State’s Office of Children’s Issues seeks assistance from Jordanian authorities on reports of missing children.
RETAINING AN ATTORNEY: The U.S. Embassy in Amman posts a list of attorneys including those who specialize in family law, at http://jordan.usembassy.gov/
CITIZENSHIP & PASSPORT MATTERS: A child acquires Jordanian citizenship by: 1) being born to a Jordanian father, regardless of the location of the child’s birth, 2) by maintaining residence in Jordan for at least 15 years. Jordan does recognize dual citizenship.
Although the Government of Jordan does not require an exit visa to depart the country, there is a system by which the departure
from Jordan can be prevented for any individual who has been granted entry. The “travel hold” is a method by which Jordanian
citizens and legal residents can prevent the travel of any individual from Jordan. The ability to place a travel hold against
another depends on the circumstances of the request.
In the case of the parent-child relationship, a Jordanian father may place a travel hold against his child at any time. Custody
is not a consideration in a father’s ability to place a travel hold against his child. A father has the ability to place
a travel hold against his son until the age of 18, and against his daughter, forever. He retains this right throughout her
marriage, as well. Only a custodial mother has the ability to place a travel hold against her child. Once she loses physical
custody, she loses her right to place a travel hold.
A father who resides outside of Jordan retains the right to grant any adult, male family member the authority to place a travel
hold against his child. If the child’s parents are still considered married under Jordanian law, a travel hold can also be
placed against the man’s wife.
The initiation of a travel hold against anyone will prevent the issuance of a Jordanian passport or travel document. In the
case of children, a travel hold can prevent the issuance of a passport, even upon the request of the custodial parent.
Jordan does allow a child to be entered on a parent’s passport until the age of 16. However, a child may be issued a passport
in his/her own name, as well. The father makes the determination.
A child, traveling through the region, cannot process through customs on a national ID card. Travelers must possess a Jordanian
passport or Jordanian travel document, a document issued by the Jordanian Government to Palestinians resident in Jordan.
The Jordanian travel document does not confer citizenship.
Effective January 2010, Jordan re-established a general rule requiring a father’s permission for a child to depart the country under certain circumstances, e.g., if the child has his own Jordanian passport, and the mother is a foreign national, written approval from the father, notarized by the police, is required to depart the country. If the child is included in either the mother’s or the father’s Jordanian passport and the father is not present, written authorization from the father, notarized by the police, is required. Exceptions to this general rule are as follows, a Jordanian mother and Jordanian child departing on their individual Jordanian passports do not require a father’s permission to the depart the country. A foreign national child departing Jordan on the same nationality passport used at the time of entry does not require a father’s permission to depart the country.
Exit Permits: A travel hold can be initiated through a request at any local police station, as well as through a court order. It can also be withdrawn through the police by the person who initiated it or by any adult, male family member with the authority to do so, as well as by court order.
MEDIATION: There are no government agencies or non-governmental organizations that offer mediation services for custody disputes.
HAGUE ABDUCTION CONVENTION: Jordan is not a party to the Hague Abduction Convention.
CIVIL REMEDIES: Custody orders and judgments of foreign courts are not enforceable in Jordan 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 will not be honored in Jordan if the mother intends to take the child to the United States and live outside of Jordan. Nor will Jordanian courts enforce a U.S. court decree ordering a parent in Jordan to pay for child support, since Jordanian law states that the parent with custody is responsible for providing financial support for the child.
Married or divorced, under Sharia law, parents do not enjoy equal rights of custody to their children. According to Article
162 of the Personal Status Law, a mother retains custody of her children until puberty. In Jordan, puberty may be interpreted
as 15 years of age. At the age of puberty, a son may choose to stay with his mother, but a daughter must transfer into the
custody of her father. However, the court will hear the wishes of a child at the age of puberty in considering custodial
matters. Again, there is no stead-fast ruling in such matters.
If a custodial mother remarries, she automatically loses custody of her children to their father. If it is determined that
a custodial mother is in a relationship with another man, she may lose custody of her children to their father. A custodial
father does not lose custody of his children upon entering into a relationship or marriage.
Religion is a consideration in custody matters. A non-muslim, divorced, foreign mother may not be awarded custody of her
child in Sharia court.
Both maternal and paternal grandparents have the right to visitation through a request of the Sharia court.
Parents who come to an agreement themselves on the custody of their children are more likely to have equal access to their children than through a court-ordered, custodial agreement.
CRIMINAL REMEDIES: Parental child abduction is a serious criminal offense in Jordan. Any person who abducts a child in order to deprive the legal guardian of custody faces a prison sentence of three months to three years and a fine. This applies equally to a parent committing such an offense in order to unlawfully obtain custody of a child. A mother may also face serious legal difficulties if she attempts to take her children out of Jordan without the permission of the father. In certain circumstances, border officials will ask to see permission in writing before allowing children to exit.
The United States has an extradition treaty with Jordan; however, it does not include international parental child abduction
as an extraditable offense.
Jordan is a member country of Interpol.
VISITATION/ACCESS RIGHTS: Religious courts determine visitation and access rights. In cases where the father has custody of a child, the mother is guaranteed visitation rights. It has been the experience of the U.S. Embassy in Amman that the father and the paternal grandparents of the child are generally very open and accommodating in facilitating the right of the mother to visit and maintain contact with the child.
Both maternal and paternal grandparents have the right to visitation through a request of the Sharia court.
Embassy of Jordan
3504 International Drive, NW
Washington, D.C. 20008
Phone: (202) 966-2664
Fax: (202) 966-3110
Embassy of Jordan's web site: http://www.jordanembassyus.
U.S. Embassy in Amman
By Mail From the United States
Consular Section
American Embassy
DPO , AE 09892
U.S. Embassy's web site: http://.jordan.usembassy.gov
American Citizen Services
Hours: Sunday through Thursday, 9:30 to 12:30 p.m. local time
Fax: 962-6-592-4102
Tel: 962-590-6950
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