Rights of a father over his child in Morocco..

Hi all,

I am looking for some information regarding my rights as a father in Morocco. My son was born five months ago, unfortunately me and my wife are estranged and she is limiting my access to my son and also using some quite intense forms of blackmail. Before I consult a lawyer (without wanting to escalate the situation) has anybody had any experience with this kind of situation?

I am an english non resident in Morocco, but have been living here for five years as a 'salarié' just never wanted to become a resident. My wife is Moroccan. My son does not yet have his British passport. Divorce is inevitable unfortunately.

Key questions:

What are my rights to access now as the husband and father?
What will be my rights after divorce?
What will be my duties after divorce? Financially?
I am not looking for full custody but just access on a semi regular basis.

Any pertinent information will be much appreciated.

Sorry to hear that, are you legally married?
If so you as father have full rights

If you have no visa status or right to live here then find a good solicitor maybe even from UK .
Good luck

Yes I am legally married. What do you mean exactly by full rights please?

I actually have the right to live here through my work contract but as yet have decided not to apply for residency.

Where did you get married, the UK or Morocco - where about are you based in Morocco?

I take it your son was born in Morocco, right?

What's the excuse used by your wife / her family - to restrict your rights for visits?

Hi. 

I am very sorry to hear about your situation.  It must be very scary and emotionally stressful.  A very significant question, are you Muslim?  Is the child listed as your son in the family book?

Also how involved are you expecting to be in your child's life?  Having a new baby is very stressful.  Are you sure you guys can't try to work it out with each other?

I can tell you as a woman becoming a new mom was a crazy experience.  It was scary.  All these changes to my body... dealing with no sleep ... constantly scared that I was doing something wrong ... depressed as I suddenly felt isolated from the rest of the word.  Not being as able to earn my own money.  Having my husband not understand what I was going through.

Why are they restricting your access to the child?  Is there a valid reason for it?  I can tell you as a mother especially of a new baby if I felt someone even my husband was doing something to place my child at risk I would be very quick to do what I needed to protect my child.  My husband and me where fighting all the time about stuff when our child was a baby.

Are you being sensitive to your wife's situation post having a new baby?  Does her family feel that there is a risk that you might try to take the baby?

I know if my husband who is from another country and I where fighting and they felt there was slight chance he was a risk for trying to take the baby my family would also do everything possible to decrease the risk of that happening by trying to restrict his access to the child.

What should matter most is the safety and well being of the baby... not the rights of any specific person to have more or less access to the baby.

I know this much about the law. If a Moroccan father has their child living in Morocco with him, there would be no chance of getting child out of Morocco without father's consent. A few years ago, Moroccan women got the same rights. Meaning there would be no way for you to take your child out of Morocco without your (ex) wife's consent. Also, a few years ago, Moroccan women have gotten some rights for child support, but don't know the specifics as in how much. I know this because my wife is Moroccan and her sister just went through divorce and has 3 kids and never had a job, but her (ex) husband is Moroccan.  I'm assuming your Muslim, since you married a Moroccan woman, because that's the law. If so, that may help you.

Here is more info I got from USA Dept. of State, but I'm confident, it applies for all countries.

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.

NOTE: The information contained in this flyer is intended as an introduction to the basic elements of children’s issues in Morocco. It is not intended as a legal reference. Currently there are no international or bilateral treaties in force between Morocco and the United States dealing with international parental child abduction. The Hague Convention on the Civil Aspects of International Child Abduction cannot be invoked if a child is taken from the United States to Morocco, or vice versa, by one parent against the wishes of the other parent or in violation of a U.S. custody order.

Dual Nationality

The government of Morocco does not recognize "dual nationality". When the father is a citizen of Morocco, children automatically acquire Moroccan citizenship at birth, regardless of the country of birth, and must enter the country on Moroccan passports.

Enforcement of Foreign Court Orders

A parent can request that a foreign custody order be recognized in Morocco, but enforcement will result only if the order conforms to Moroccan law. Therefore, as a practical matter, foreign custody orders are not generally recognized in Morocco, and the parent must seek legal representation in Morocco and file for custody there.

Custody Disputes

When child custody disputes arise between parents, one of whom is a citizen of Morocco, custody decisions are based on Islamic law. Child custody cases are complex. Moroccan courts consider the parents’ religion, place of permanent residence, income, and the mother’s subsequent marital status.

Right of Custody and Travel Restrictions

Although women are normally granted custody of their children in divorces, regardless of nationality, the right of the father to control his children’s travel outside of Morocco is inviolable. Therefore, even if the children bear U.S. passports, the father must approve the children''s departure from Morocco. Immigration officials may require proof that the father approves the departure. Women must also obtain permission to move the children more than 100 kilometers from their last residence prior to the divorce.

American women married to Moroccans do not have to have permission of their husband to leave Morocco alone.

PLEASE NOTE: American citizens who travel to Morocco place themselves under the jurisdiction of Moroccan courts. Therefore, American citizens planning a trip to Morocco with dual national children should bear this in mind.

What will be my rights after divorce?
You will have right to see ur baby probably you will have to discuss time and days with the mother

What will be my duties after divorce? Financially?
Alimony provide food house clothes for baby the judge will take into consideration your how much you earn .

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