7 FAM 1700 Appendix B
Domestic Violence: Implications on International Parental Child Abduction to the United States
(CT:CON-1048; 03-31-2025)
(Office of Origin: CA/OCS)
7 FAM 1710 Appendix B INTRODUCTION
(CT:CON-956; 11-17-2022)
This Appendix provides policy guidance to consular officers on the possible implications domestic violence has for international parental child abduction to the United States. This Appendix does not supersede victim assistance guidance outlined in 7 FAM 1932.3.
7 FAM 1720 appendix B consular officer action
(CT:CON-1048; 03-31-2025)
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 1932.3If a parent is considering leaving the country with their child(ren), the following should be taken into consideration:
(1) Identify whether the receiving state is a U.S. partner under the Hague Abduction Convention. If yes, inform the parent requesting assistance that the United States and the receiving state are treaty partners and that, if one parent removes the child(ren) without the other parent’s consent, the parent remaining in the receiving state can seek relief, including return of the child(ren), under the Hague Abduction Convention by filing a petition in the appropriate U.S. court. Provide assistance as outlined in 7 FAM 1932.3 and 7 FAM 1730 Appendix B, noting the parent may wish to consider consulting an attorney. If parental kidnapping is a crime in the receiving state, inform the parent requesting assistance that the parent remaining in the receiving state could file criminal charges by reporting the child(ren)’s removal to law enforcement. Inform the parent requesting assistance that INTERPOL may issue an appropriate notice. Information on abductions to the United States can be found in the Abductions section of travel.state.gov on the Consular Affairs Internet site.
(2) If the receiving state is not a Convention partner with the United States and parental kidnapping is a crime in that country, inform the parent requesting assistance that the parent remaining in the receiving state could file criminal charges by reporting the child(ren)’s removal to law enforcement. Inform the parent requesting assistance INTERPOL may issue an appropriate notice. Check whether the country is an INTERPOL member country here.
(3) Inform the parent there could be other consequences to the action of removing a child/children across an international border without the other parent's consent and that the parent should consider talking with an attorney before talking any actions.
(4) Posts should inform the parent requesting assistance that the Department may release information about the child(ren) to the other parent. This could include release of information such as the child(ren)'s passport issuance and, in the context of a Hague application possible location information.
(5) Consular officers should document in the ACS+ system the conversations they have with either parent on these issues per 7 FAM 016.
(6) As noted in 7 FAM 1932.3-2 it is important to respect the parent's decision on the best course of action for their family. The consular officer's role is to provide the parent with information regarding their options, not to pressure or influence them to choose a particular action.
7 FAM 1730 Appendix B Legal Assistance
(CT:CON-1048; 03-31-2025)
a. The parent requesting assistance should consider consulting with local counsel about the potential consequences of leaving the receiving state 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 travel.state.gov page on Finding an Attorney in the United States.
7 FAM 1740 Appendix B explaining The Role of CA/OCS/CI
(CT:CON-1048; 03-31-2025)
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, CA/OCS/CI provides general information and resources about IPCA, potential civil and criminal options in the United States, mediation programs, location methods, and attorneys in the United States.
b. If post receives requests from a left-behind parent for information about their child(ren) after a child has been removed to the United States, remember that no one is entitled to information about themselves or their child(ren) immediately, and if the consular officer has questions about what is appropriate for release, particularly if there are safety concerns, please contact your CA/OS/CI country officer and L/CA for guidance. (See 7 FAM 060, 7 FAM 1719.3 and 7 FAM 1719.4).
c. If the LBP would like to pursue a Hague Abduction case, you may refer them to the Foreign Central Authority (FCA) of the receiving state. Parents may also file an application directly with CA/OS/CI, but the vest practice for an incoming case is for the parent to file with the FCA. For other inquiries, please consult CA/OCS/CI. (See 7 FAM 160 and 7 FAM 1700).
7 FAM 1750 Appendix B 1750 through 1790 Appendix B Unassigned