International Parental Child Abduction

Cuba


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: Cuba 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 Cuba and the United States dealing with international parental child abduction. American citizens who travel to Cuba place themselves under the jurisdiction of local courts. American citizens planning a trip to Cuba with dual national children should bear this in mind.

CUSTODY DISPUTES: In Cuba, if parents are legally married they 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. Foreign court orders are not automatically recognized.

ENFORCEMENT OF FOREIGN JUDGMENTS: Custody orders and judgments of foreign courts are not enforceable in Cuba.

VISITATION RIGHTS: In cases where one parent has been granted custody of a child, the other parent is usually granted visitation rights. If a custodial parent fails to allow visitation, the non-custodial parent may appeal to the court.

DUAL NATIONALITY: Dual nationality is not recognized under Cuban 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.

TRAVEL RESTRICTIONS: Cuban citizen children (including dual nationals) are required to have exit visas to depart Cuba.

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 Cuban court should retain an attorney in Cuba. The U.S. Interests Section at the Embassy of Switzerland in Cuba maintains a list of attorneys willing to represent American clients. A copy of this list may be obtained by requesting one from the U.S. Interests Section of the Embassy at:

Embassy of Switzerland
U.S. Interests Section
Calzada between L & M Streets
Vedado
Havana
Cuba
Telephone: 011-53-7-33-3551/59
Fax: 011-53-7-33-3700
Web site: http://www.usembassy.state.gov
*The workweek for the Embassy is Monday through Friday from 8:30am to 5:00pm.

Questions involving Cuban law should be addressed to a Cuban attorney or to the Cuban Interests Section of the Embassy of Switzerland in the United States at:

Embassy of Switzerland
Cuban Interests Section
2630 16th Street, NW
Washington, DC 20009
Telephone: (202) 797-8518


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 or visit its web site on the Internet at http://travel.state.gov. You may also direct inquiries to:

Office of Children''s Issues
SA-29
U.S. Department of State
2201 C Street, NW
Washington, DC 20520-2818
Phone: (202) 736-9090
Fax: (202) 312-9743

For answers to general questions, please contact the Overseas Citizens Services Call Center at the toll-free number, 1-888-407-4747, which is available from 8:00AM through 8:00PM Eastern Standard 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.

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 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://travel.state.gov or by calling the Department of State''s Office of Overseas Citizen Services at (202) 647-5225.