Guidance

Morocco: child abduction

Updated 1 July 2021

Disclaimer

Any information contained in these pages relating to the legal system in Morocco is provided for general information only. Independent legal advice should be sought in Morocco for specific information relating to individual cases.

Parental child abduction

Parental child abduction can be a civil or a criminal offence in Morocco.

The abduction is looked upon as an ‘illegal displacement’ of the child and is considered a criminal act when one of the parents lodges a complaint against the other.

In March 2010, Morocco acceded to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. The Hague Convention seeks to return children abducted or retained overseas by a parent to their country of habitual residence, for the courts of that country to decide on matters of residence and contact. The United Kingdom has ratified a child abduction law with Morocco. This means that the UK will apply the 1980 Hague Convention on the Civil Aspects of International Child Abduction. From 1 July 2016, child abductions of British or Moroccan nationals that take place from one country to the other will be dealt with under the Hague Convention on Child Abduction.

Parents whose child has been abducted from Morocco and taken to the UK – or from the UK and taken to Morocco – should apply through the Hague Convention to have their child returned. The Convention can also be used to request contact with a child.

Parents are advised to take expert legal advice and contact the 1980 Hague Central Authority where the child is normally resident and which is responsible for handling their case.

The Moroccan Central Authority for the Hague Abduction Convention is the Ministry of Justice and Liberty. The Ministry of Justice and Liberty has an administrative role in processing Hague Abduction Convention applications. The Moroccan Central Authority can be reached at:

Ministère de la Justice et des Libertés
Direction des Affaires Civiles
Service de l'entraide judiciaire en matière civile
Place de la Mamounia
10 000 Rabat
Maroc
Tel: +212 (0)5 37 21 36 75; +212 (0)5 77 72 11 51
Fax : +212 (0)5 37 73 05 51

There is no extradition treaty in force between the UK and Morocco.

Custody issues

Under Moroccan family law, the father is considered to be the legal guardian of his children; the mother has the right to custody of both the male and female children until the age of fifteen. After this age, a judge will give them the choice of who they want to live with. The right to custody is maintained or regained depending on each parent’s ability to provide the best circumstances for the child to live in. The mother does not lose custody after remarrying if the child is under the age of seven, is sick or handicapped or if she is appointed the legal representative of the child. The non-custodian parent does have the right to appeal a custody ruling.

The parent who does not have custody is entitled to contact with the child if they have a court order. It is a punishable offence if the custodian parent does not present the child for a visit.

A UK or other foreign custody order may be executed in Morocco if an ‘Exequatur’ procedure has taken place. This is a judicial decision which makes a foreign act or sentence enforceable in another country and a local lawyer is required to take this forward.

Note: this section constitutes general information on the Moroccan system. For detailed information and advice on how the law may apply to the circumstances of individual cases, independent legal advice should be sought in Morocco.

Travel

Written authorisation from both father and mother is needed until the age of 18 for a child to be able to leave the country. It is possible for either parent to apply through the Moroccan courts to have a travel ban put on the child leaving the country i.e. if there is evidence to suggest that a parent intends to abduct a child. If there is a travel ban in place, a parent will be arrested at the airport and prevented from leaving with the child. Travel bans can be appealed through the Moroccan court system.

Morocco recognises dual nationality, and a child of a Moroccan father will automatically be a Moroccan national from birth. A dual national child entering Morocco on a foreign passport is able to leave the country on their Moroccan passport. No exit visa is required, and a UK Emergency Travel Document may be used for travel in cases of emergency if the British passport has been lost or stolen.

Mediation

Mediation is an option when parents are not able to reach an amicable agreement between themselves about their children’s futures, but do not wish to take court action. A neutral party, or mediator, can assist in enabling parents to form a mutually acceptable decision on custody and contact with their children.

“Reunite” is the leading UK charity specialising in international parental child abduction. Their services range from offering practical impartial advice and mediation to providing a helpful support network aimed at those who have had their child abducted. For more information about Reunite and their services, visit Reunite’s website or call 0116 2556 234.

Non-governmental organisations in Morocco

• Association Bayti can provide administrative and legal help in cases relating to child abduction. For more information, visit Association Bayti’s website or call (212-522) 75 69 65.

• ADFM (Association Democratique des femmes du Maroc) is a local charitable organisation that offers services for women such as legal help, counselling and in some cases help in locating children. For more information, visit ADFM’s website.

Both associations work with approximately fifty allied centres to help vulnerable women and children and can arrange for an English speaker where necessary.