JORDAN AND CHILD ABDUCTION
Note:
The information contained in this flyer is intended as an introduction
to the basic elements of children's issues in Jordan. It is not
intended as a legal reference. Currently there are no international or
bilateral treaties in force between Jordan and the United States
dealing with international parental child abduction. The Hague
Convention on the Civil Aspects of International Child Abduction cannot
be invoked if a child is taken from the United States to Jordan, or
vice versa, by one parent against the wishes of the other parent or in
violation of a U.S. custody order. 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. Child Custody Law In
both theory and practice, Muslim and Christian courts in Jordan differ
very little in how they resolve disputes over the custody of children
of divorced or separated parents. The relevant laws all give priority
for custodianship to the mother as long as certain restrictive
conditions are met. In Muslim courts, this right of custody extends to
the natural mother until the children reach 18 years of age. In cases
where custody of small children is granted to a woman other than the
mother, custody reverts to the father when a boy reaches age nine and a
girl reaches age eleven. Christian courts will generally award custody
to the mother until the children come of age. In
actual practice, the conditions placed on the mother's primary right to
custody often enable the father to maintain a great deal of influence
on the rearing of the children even though he may not have legal
custody. For example, travel restrictions exist in Jordan. The mother
must seek the fathers approval to travel with the children. Frequently,
he is actually able to assume legal custody against the wishes of the
mother, when she is unable or unwilling to meet the conditions set by
law for her to maintain her right to custody of the children. A
mother can lose her primary right to custody of a child in a number of
ways. The court can determine that she is incapable of safeguarding the
child or of bringing the child up in accordance with the appropriate
religious standards. The mother can void her right to custody by
re-marrying or by residing in a home with people that might be
"strangers" to the child. The mother may not deny visitation rights to
the father or the paternal grandfather and may not travel outside
Jordan with the child without their approval and the approval of the
court. In general, a Jordanian man divorcing his non-Jordanian wife
will be awarded legal custody of their children by showing that any of
the above conditions may not be met to the satisfaction of the court. Right of Visitation In
cases where the father has custody of a child, the mother is guaranteed
visitation rights. It has been the experience of the 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. Enforcement of Foreign Orders 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. Parental Child Abduction Child
abduction is a serious offense in Jordan. Any person, including a
parent, who abducts a child in order to deprive the legal guardian of
custody, or to unlawfully obtain custody and remove a child from
Jordan, faces a prison sentence of three months to three years and a
fine. A mother may also face serious legal difficulties if she attempts
to take her children out of Jordan without the permission of the
father. Border officials may ask to see such permission in writing
before allowing children to exit. Final Note:
American citizens who travel to Jordan place themselves under the
jurisdiction of Jordanian courts. If a Jordanian parent chooses to
remain in Jordan or leave a child behind in Jordan, the U.S. Embassy
cannot force either the parent or the Jordanian Government to return
the child to the United States, nor is it possible in most cases to
extradite a Jordanian parent to the United States for parental child
abduction. American citizens planning a trip to Jordan with dual
national children should bear this in mind.
