Formalities : Leaving Morocco with a baby

From my understanding  it's like egypt, but worse no children that are Moroccan can leave with out father's permission and he has a right to say no in morroco.  I don't know all the details , but she definitely  can contact her embassy and exsaplin . Maybe they can help ... or at least tell her rights. So I think it's a good step.  Not sure what wife and husband rights are here . Nor do I know divorce rights. Maybe contact a lawyer too ?

Do the Moroccan authorities define a Moroccan child as one who has a Moroccan passport?
My friend's child only has a UK passport and no plans have been made to get her a Moroccan passport. Also, the child's birth certificate in still in the UK so I guess the father can't apply for a child's Moroccan passport without this?

Exactly, the child has to be registered within the Moroccan Civil Status Registry to be able to claim his nationality by his father.

Also it is to be considered if their marriage was also formalized in Morocco or only in the UK? because in the first case it might be risky for her and baby to keep visiting Morocco even if she seeks Embassy protection, he could force her via the court to stay with him or come to his "home" or domicile in Morocco.

If the father has registered the child in his family book in Morocco, then it really doesn't matter where the child was born. Morocco conciders any child born to a Moroccan national to be a Moroccan national and is subject to the laws, protection, and rights there by.  Of course the child is also under protection of British law too.

Moroccan family code (law) does favor the rights of women. Rearely do the Moroccan courts remove children from their mother because the traditional idea is that small children should be best cared for by their mother, but they do take special concerns for Moroccan children when it comes to religion and education.  This doesn't mean a father can just take a child from the mother in the case of an estrangement. 

Be assured he can't demand the child to be return to Morocco if the child is legally living with the mother in the UK. But it could get ugly if the child leaves the protection of  the UK. Be warned an international custody battle between parents can take years, and she really may be required to leave the child in Morocco if the child is already there when it all starts....at least while they are going through the process. 

Here is why: It is in the traditional understanding that it is the responsibility of the father to insure the child (as well as his wife) receives a proper Islamic religious education (reared as Muslim). If the father can bring into suggestions the morallity of the mother, or that his child will not be brought up as a Muslim by his Welsh mother, or that the child is in anyway unsafe in the mother's homeland,  then the law could shift to be in his favor.  Mind you, these are very serious allagations for both parents because it is an international situation and it will come down to politics.

He can refuse the child from leaving his family home even if the child was not born in Morocco, because according to Morocco the child has dual nationality. BUT, it may not stand to a court battle in the end.

This woman should consult a lawyer in the UK before she makes any more trips to Morocco with her child.

The baby will be considered Moroccan even without papers as her father is Moroccan. The wife could be stopped at the airport in Morocco, if she was travelling alone with the baby. If she didn't have written legalised consent from the father, she could be refused permission to leave the country.
This is fact. I was stopped but fortunately when the airport police phoned the father , he gave his permission.

Be careful!

Best thing to do is to keep your child far from Morocco. Since he has threatened to keep the child in Morocco whenever you bring her over then better be carefull. Since you guys are not in good terms anymore with each other  better stay way yourself from Morocco until the future will be crystal clear for both of you. If this guy has some strong friends in politics and courts you will be in trouble. In Morocco ,India ,Egypt and all gulf countries the corruption is discusting. .everything is who you know and how much you can pay.

blusky2015 wrote:

Best thing to do is to keep your child far from Morocco. Since he has threatened to keep the child in Morocco whenever you bring her over then better be carefull. Since you guys are not in good terms anymore with each other  better stay way yourself from Morocco until the future will be crystal clear for both of you. If this guy has some strong friends in politics and courts you will be in trouble. In Morocco ,India ,Egypt and all gulf countries the corruption is discusting. .everything is who you know and how much you can pay.

I fully agree. Keep the child away. It is much better to be safe than sorry. If the father wants to see the child. He should go to the UK where the child is safer from abduction. But the mother should get an estrangement custody  order in the UK before he does show up on her doorstep. It will help her keep her if he tries file for divorce.

As for the mother, it is her choice if she wants to go to Morocco not, but the question is, why does she want to continue to go if her husband is threatening her and their child?

Morocco is a lovely place untill you get into a legal issue or have to deal with the government in any way. All these civil servants working for the government are poorly paid and yet they rearly leave their jobs. Infact they will fight to keep it. It doesn't take a genious to figure out why either.  I am not saying all are corrupt,  but even the best of them had strings pulled or paid big bribes to jet that job . Many of them live in big houses, were fine clothes,  and drive expensive cars. Clearly they didn't aquire any of it on their salary. There is a push to clean up the government,  but there doesn't appear to be easy access to anyone to make a complaint to when you do find someone shaking you down.

Quite often, what is legally your right and what happens in reality are not the same.

That is what I was trying to say in my previos post.
The father can to stop her from leaving with the child, even if the child was not born in Morocco because Morocco recognizes the child to be a Moroccan born to a Moroccan National. It may not stand up in court for him to have custody, but it could take years to resolve. She may have a great deal of trouble getting her child back to the UK if that happens.

She either needs to plan to return to Morocco, file for residency, and reconcile with the father (and never try to leave) or she should NEVER return and file for an estrangement to her marriage.

@hla032

Hello,

Exactly, I have a similar situation, I would love to get your opinion on this matter, Can I ask you a question?

Thank you !

@Nebraska Girl

Hello Nebraskagirl, I am in the same boat,  but in the us/morocco,  I would like to ask you couple questions if you don't mind please.

Thank you

@fatimaberber

I think if the child has a foreign passport might not be stopped.

Hello Marklasalle2022,

This is an old topic, all of the members are inactive since years now.

Please consider opening a topic of your own on the Morocco forum if you need info.

All the very best,

Bhavna

Hi

I am british citizen and my son was born in the UK and his mum is from North African country!

She had her spouse visa through me, unfortunately after few months things comes up that this lady is after residential here in the UK more than just join her husband and son .

My son registered on the family book znd also get british passport.

She took my son to North Africa for holiday and from there decided not to return the son to the UK.

What am I supposed to do ? Is there anyway I can get my son back to the UK