International Parental Child Abduction China
GENERAL INFORMATION: The Peoples Republic of China (PRC) 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 China and the United States dealing with international parental child abduction. American citizens who travel to China place themselves under the jurisdiction of local courts. American citizens planning a trip to China with dual national children should bear this in mind.
CUSTODY DISPUTES: In China, parents who are legally married share the custody of their children. If they are not married and the parents cannot reach an agreement, custody is granted by the courts in the best interests of the child.
ENFORCEMENT OF FOREIGN JUDGMENTS: Custody orders and judgments of foreign courts are not enforceable in China. Such judgements must be presented to a Chinese court for that courts consideration and decision. In China, there is a limited process to appeal a lower court’s decision.
VISITATION RIGHTS: In cases where legal custody has been granted and the judgment has been rendered, the non-custodial parent’s visitation rights are normally incorporated within the court ordered decision.
DUAL NATIONALITY: Dual nationality is not recognized under Chinese law. Some U.S. citizens who are also Chinese nationals (mostly U.S.-born children of Chinese nationals or Legal permanent Permanent Residents) have experienced difficulty entering and departing China on U.S. passports. In some cases, such dual nationals are required to use Chinese travel documents to depart China. Normally this causes inconvenience but no significant problems for affected persons; however, in child custody disputes, the ability of dual national children to depart from China could be affected.
Generally, children who are Chinese nationals according to Chinese law are not permitted to depart China if one parent refuses to allow the travelrequested by one parent, even if that parent is considered an abducting parent by United States courts. In those cases, children abducted to China are only permitted to return to the United States if both parents agree to their return, or if a Chinese court upholds a United States Court’s decision to allow the left-behind parent sole custody.
Specific questions on dual nationality may be directed to the Office of Overseas Citizens Services, Department of State, Room 4811A, Washington. D.C. 20520 or to the U.S. Embassy or one of the U.S. Consulates General in China.
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: While no exit visas are required to leave China, persons who replace passports are required to get an exit permit from the entry and exit police. The U.S. Embassy and Consulates will assist a traveler with a new passport in obtaining this document.
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 Chinese court should retain an attorney in China. The American Embassy and U.S. Consulates in China maintain lists of attorneys willing to represent American clients. A copy of this list may be obtained by requesting one from the Embassy or Consulate at:
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U.S. Embassy in Beijing U.S. Consulate General in Guangzhou U.S. Consulate General in Shanghai U.S. Consulate General in Shenyang U.S. Consulate General in Chengdu |
Questions involving Chinese law should be addressed to a Chinese attorney or to the Embassy of China in the United States at:
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Embassy of the People’s Republic of China |
For further information on international parental child abduction, contact the Office of Children's Issues.
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Office of Children's Issues |
For answers to general questions, please contact Overseas Citizens Services at the toll-free number, 1-888-407-4747, available from 8:00 AM through 8:00 PM Eastern 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 1-202-501-4444. This hotline provides information to the general public and forwards callers to the appropriate country officer as necessary. This information is also available on the web at http://www.travel.state.gov.
The Department of State has general information about arranging 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's) 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 are sufficiently serious, a Travel Warning may be issued recommending that U.S. citizens avoid traveling to that country. These documents are available at www.travel.state.gov.
Other Government Websites |
