Guidance

Iraq: child abduction

Updated 27 May 2021

Disclaimer

Any information contained in these pages relating to the legal system in Iraq is provided for general information only. Independent legal advice should be sought in Iraq for specific information relating to individual cases. Contact the British Embassy in Baghdad for details of English-speaking lawyers in Iraq.

Parental child abduction

The abduction of a child from the UK to Iraq is NOT a crime in Iraq unless there is an Iraqi court order regarding custody of the child or travel restrictions. Parental child abduction is, however, a criminal offence in Iraq if a parent or grandparent removes a child from the person who is entitled to custody according to an Iraqi judicial decision.

Iraq has acceded to the 1980 Hague Convention on the Civil Aspects of International Child Abduction but it is not in force between Iraq and the UK. 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.

There is no agreed international system in place to return children from Iraq to the UK. Therefore, parental child abduction cases from the UK to Iraq are often difficult to resolve. Neither the British government nor the British Embassy can force the abducting parent or the Iraqi government to return a child to the UK.

Custody issues

Iraqi Personal Status laws will apply if one or both spouses are Muslim, and custody disputes will be decided in the Personal Status Court. If the parents are of another faith then the rules set by their own religious authorities will apply. Under Iraqi Personal Status law, the mother has the right to custody of both male and female children until the age of eighteen. If the mother remarries or if the father proves to a Family Court that the mother is negligent the court can then decide not to give custody to the mother.

It typically takes three to six months for custody to be decided through the Iraqi courts. Appeals are possible and usually take approximately three months. The parent who does not have custody is entitled to contact with the child.

UK or other foreign custody orders are subject to the approval of the Iraqi court.

N.B. This section constitutes general information on the Iraqi 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 Iraq.

Travel

The father’s written authorisation is normally required for a child to be able to leave the country.

It is possible for either parent to apply to the Iraqi courts to have a travel ban put on the child leaving the country i.e. if there is a suspicion that the other parent may flee the country with the child. If there is a travel ban in place, a parent will not be allowed to pass through immigration.

A UK Emergency Travel Document (ETD) may be used for travel in cases of emergency if the full British passport has been lost or stolen. An exit visa will be required if travelling on an ETD or if a visa’s conditions have been breached, e.g. by overstaying, and can be obtained from the Ministry of the Interior.

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. In Iraq, mediation services are generally provided by lawyers or Imams.

Reunite is the leading UK charity specialising in international parental child abduction. The 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.