International Parental Child Abduction Jamaica
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: Jamaica is not party to the Hague Convention on the Civil Aspects of International Child Abduction, nor are there any other international or bilateral treaties in force between Jamaica and the United States dealing with international parental child abduction. American citizens who travel to Jamaica place themselves under the jurisdiction of local courts. American citizens planning a trip to Jamaica with dual national children should bear this in mind.
CUSTODY DISPUTES: In Jamaica, if parents are legally married they share the custody of their children. If they are not married, custody is granted by law to the mother unless there are known facts of inappropriate behavior mental or social problems. Foreign court orders are not automatically recognized.
ENFORCEMENT OF FOREIGN JUDGMENTS: Custody orders and judgments of foreign courts are not automatically enforced in Jamaica, but may be formally recognized by a Jamaican court.
VISITATION RIGHTS: In cases where one parent has been granted custody of a child, the other parent is usually granted visitation rights. The American Embassy in Kingston 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 Jamaican 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 Jamaica. However, a child leaving the country with a person other than a parent needs written authorization from one parent. This authorization requires certification from the Jamaican immigration office before minors may exit the country.
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 Jamaican court should retain an attorney in Jamaica. The U.S. Embassy in Jamaica maintains a list of attorneys willing to represent American clients. A copy of this list may be obtained by accessing the internet address below or by requesting one from the Embassy at:
U.S. Embassy Kingston
Consular Section
142 Old Hope Road
Kingston 6,Jamaica
Telephone: (876) 702-6470
Web site: http://kingston.usembassy.gov/
Questions involving Jamaican law should be addressed to a Jamaican attorney or to the Embassy of Jamaica in the United States at:
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Embassy of Jamaica |
For further information on international parental child abduction, contact the Office of Children's Issues, U.S. Department of State at 1-888-407-4747.
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 (CSI) 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. These documents are available on the Internet at http://www.travel.state.gov or by calling the Department of State's Office of Overseas Citizen Services at (202) 736-9090.
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