7 FAM 1700 Appendix B
Domestic Violence: Implications on International Parental
Child Abduction to the United States
(CT:CON-804; 04-30-2018)
(Office of Origin: CA/OCS)
7 FAM 1710 Appendix B INTRODUCTION
(CT:CON-438; 01-31-2013)
This Appendix provides policy guidance about the
implications domestic violence has for international parental child abduction
to the United States.
7 FAM 1720 appendix B consular officer
action
(CT:CON-438; 01-31-2013)
When consular officers receive a request for assistance
from a parent who reports domestic violence, the consular officer should
continue to provide all appropriate victim assistance as outlined in 7 FAM 1932.3.
In the event a parent seeks repatriation assistance to flee domestic violence
and seeks assistance for her/his child, the following should be taken into
consideration:
(1) Identify whether the host country is a U.S. partner
under the Hague Abduction Convention. If yes, inform the parent requesting
assistance that the United States and the host country are treaty partners and
that, if one parent removes the child without the other parents consent, the
parent remaining in the host country can seek relief, including return of the child,
under the Hague Abduction Convention by filing a petition in the appropriate U.S.
court. If parental kidnapping is a crime in that country, inform the parent
requesting assistance that the parent remaining in the host country may file
criminal charges by reporting the childs removal to the local police and
request that law enforcement request that Interpol issue an appropriate notice
(red for parents; yellow for children). Information on Abductions to the
United States can be found in the Abductions to the U.S. page on the Consular
Affairs Internet site.
(2) If the host country is not a Convention partner
and parental kidnapping is a crime in that country, inform the parent
requesting assistance that the parent remaining in the host country may file
criminal charges by reporting the childs removal to the local police and
request that law enforcement request that Interpol issue an appropriate notice
(red for parents; yellow for children). Check whether the country is an
Interpol member country.
7 FAM 1730 Appendix B Legal Assistance
(CT:CON-438; 01-31-2013)
a. The parent requesting assistance should consider
consulting with local counsel about the potential consequences of leaving the
host country with the child(ren).
b. Posts can provide a list of in-country attorneys
(see 7 FAM 990),
as well as additional resources addressing issues such as physical safety and
access to social services.
c. For information about legal representation in the
United States, refer the parent to the Office of Children's Issues, Overseas
Citizens Services, Bureau of Consular Affairs (CA/OCS/CI) incoming abductions legal
aid website, or contact the appropriate Incoming Branch Country Officer (check
the Whos Who in CA/OCS/CI for a full-fee attorney list.
7 FAM 1740 Appendix B explaining The
Role of CA/OCS
(CT:CON-438; 01-31-2013)
a. When CA/OCS/CI receives requests for information on
international parental child abduction (IPCA) to the United States from parents
in non-Hague Convention countries, the Incoming Branch provides general
information and resources to left-behind parents (LBPs) about IPCA, civil and
criminal options in the United States, mediation programs, location methods,
and attorneys in the United States.
b. Posts can inform the parent requesting assistance
that the parent remaining in the host country may be entitled to information on
the child such as passport issuance and location information as well as
CA/OCS/CI contact information to make an international parental child abduction
file, as long as post has no reason to believe the child, or anyone else would
be harmed as a result of the disclosure,. If posts have questions about what
is appropriate for release, please contact CA/OCS/L (ASK-OCS-L@state.gov) for
guidance. (See 7
FAM 1719.3 and 7 FAM 1719.4.)
c. If post receives requests from a left-behind parent
after a child has been removed to the United States, please consult CA/OCS/CIs
incoming branch and the Office of American Citizen Services and Crisis
Management, Overseas Citizens Services, Bureau of Consular Affairs (CA/OCS/ACS)s
country officers for your country for assistance. (See 7 FAM 160 and 7 FAM 180.)
7 FAM 1750 Appendix B 1750 through
1790 Appendix B Unassigned