Rights of a father over his child in Morocco..

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 .

Salam akhiti I'm from New Delhi India and I'm also in the same situation. I was married to my ex in 2011 in India and after marriage i came to Morocco with my wife and started living in her personal flat together with a new beautiful beginning of a marrital life really it was a fortunate /!\ I AM A STUPID SPAMMER /!\ both of us loved each other a lot  but unfortunately with the time everything changed  when I came to Morocco after marriage I discovered lots of unbleivable chapters of her life but I always compromised bcoz I really loved her alot. Long story short. We have two kids a girl and a boy. And before the divorce she said i want nothing for nafa9a you can go live your life without any problem but after divorce she changed her statement saying that don't worry i will not go to the court to claim nafa9a or i will not send you to habs but I will not do tanazol. Let me tell you here that i love my childrens a lot and it's now two years of our divorce and i only come back to Maghreb only for my kids and I cannot live without them but now the problem is that my wife don't let my childrens talk to me in a phone call also for last eight months and me I am in Morocco right now for five months but she didn't allow my childrens to talk to me. I last year before korona pendamic bought a smart phone for my son so that we can stay in touch with each other but now she snatched his phone giving excuses that it will harm his eye side. Trust me i cry sometimes when I miss them. And Second thing is that i was planning to buy a economic apartment here in Morocco so that my childrens may come to visit me or stay with me in weekend or whenever they get vacation  but all my friends say noo don't buy a apartment because in case if your ex wife came to know that you bought a home here so may be she can make claim for home and possibly she can get it and honestly my life is now difficult in a rented home bcoz i always thought that I will buy my own home here in Morocco but now the different advises of my acquaintances scared me bcoz I sold out my home in my home country and thought to buy a apartment here in Morocco but I am still afraid if in case my wife claim for home so I will not have anything rest in my pocket bcoz it is the only saving of my whole life. I talked to my ex wife few days ago by email explaining her all my fear and also told her the fact that my motive to buy a apartment here is only to stay close to my childrens but in case if you claim for nafa9a so I'll loose my home and I'm so much afraid of you so she replied that don't worry i will not take your home or I'll not go to the court to claim for nafa9a now or in future. It will be your home and the home of your childrens. Though my wife belongs to a well settled financially stable family she has everything what is necessary to live a comfortable life in Morocco but I am still afraid should I buy a home or not bcoz since this corona pandemic came I have no work and I am just for the situation to get better so that I could start my work but I don't know when. So please anybody kindly suggest me a few tips. What should I do to get close to my childrens and always stay in touch with them and second thing. Should I buy a apartment in Maghreb or in not. .

Hi bro I also have the same problem with my Moroccan ex wife. I have two kids boy and girl and we divorced after eight years of our marriage really very difficult moment. I also love my childrens so much but she doesn't wanna let my childrens talk to me. I don't know exactly what to do...

You need to go to Moroccan court based on your situation, bottom-line, if you want to have rights to see and talk to your children.

She may change her mind if you let her know that you're going to court to have rights to see your children.

laurenscurteis wrote:

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.

Hi Truly sorry to hear this, I pray and hope for a a decision that's best for you all. The law is quite clear in Morocco, unless proven otherwise the judge will choose what's best for the child. The child takes the nationality of the father in your case British. The child has the right to choose if he/she wants a moroccan citizenship at the legal age. On the birth certification this will have been mentioned and shown. The father has the right over the child subject to some criteria. If the mother has the child and using the child against you then the this evidence needs to be shown to the courts and and judge.

However, the mother cannot apply for a child passport or travel with the child or do any administrative work on behalf of the child without the father permission. Unless the judge rules otherwise. As far as its goes unfortunately im not sure if the rules are the same for non-residence. However only the judge will be able to make this decision on access and rights based on all evidence provided by both sides.

If your unable to work out  the marriage and the devoice is granted then the terms of the child will also be discussed at the time of the hearing. Hire a good family lawyer to give you more legal advise who understands the law, but from my knowledge the farther has more rights over the child in some stuff than the mother within Morocco. But once again please seek proper legal advise.

mohd zaki wrote:

Salam akhiti I'm from New Delhi India and I'm also in the same situation. I was married to my ex in 2011 in India and after marriage i came to Morocco with my wife and started living in her personal flat together with a new beautiful beginning of a marrital life really it was a fortunate love marriage both of us loved each other a lot  but unfortunately with the time everything changed  when I came to Morocco after marriage I discovered lots of unbleivable chapters of her life but I always compromised bcoz I really loved her alot. Long story short. We have two kids a girl and a boy. And before the divorce she said i want nothing for nafa9a you can go live your life without any problem but after divorce she changed her statement saying that don't worry i will not go to the court to claim nafa9a or i will not send you to habs but I will not do tanazol. Let me tell you here that i love my childrens a lot and it's now two years of our divorce and i only come back to Maghreb only for my kids and I cannot live without them but now the problem is that my wife don't let my childrens talk to me in a phone call also for last eight months and me I am in Morocco right now for five months but she didn't allow my childrens to talk to me. I last year before korona pendamic bought a smart phone for my son so that we can stay in touch with each other but now she snatched his phone giving excuses that it will harm his eye side. Trust me i cry sometimes when I miss them. And Second thing is that i was planning to buy a economic apartment here in Morocco so that my childrens may come to visit me or stay with me in weekend or whenever they get vacation  but all my friends say noo don't buy a apartment because in case if your ex wife came to know that you bought a home here so may be she can make claim for home and possibly she can get it and honestly my life is now difficult in a rented home bcoz i always thought that I will buy my own home here in Morocco but now the different advises of my acquaintances scared me bcoz I sold out my home in my home country and thought to buy a apartment here in Morocco but I am still afraid if in case my wife claim for home so I will not have anything rest in my pocket bcoz it is the only saving of my whole life. I talked to my ex wife few days ago by email explaining her all my fear and also told her the fact that my motive to buy a apartment here is only to stay close to my childrens but in case if you claim for nafa9a so I'll loose my home and I'm so much afraid of you so she replied that don't worry i will not take your home or I'll not go to the court to claim for nafa9a now or in future. It will be your home and the home of your childrens. Though my wife belongs to a well settled financially stable family she has everything what is necessary to live a comfortable life in Morocco but I am still afraid should I buy a home or not bcoz since this corona pandemic came I have no work and I am just for the situation to get better so that I could start my work but I don't know when. So please anybody kindly suggest me a few tips. What should I do to get close to my childrens and always stay in touch with them and second thing. Should I buy a apartment in Maghreb or in not. .

unfortunately you will have to take legal advise and take this to court to allow the judge to make the final decision.

Hi
I’m also sorry to hear, have you manage to sort this out yet, also going through the same process I’m Pakistani british and suffering

But some advice you got is good but I wouldn’t take advice from a moroccan woman sadly they will obviously be biased. Not give you the truth more the likely she married thinking you will bring her to the uk and look after her whole famil .ive seen it so many times I’ve known foreigners with same story.
What I suggest is to see if you legally married there and registered on the family book then definately start c100 application in the uk if she has visa in the uk also get help fatgers4justice if they can at all.

She will make many lies about you that’s a fact be prepared have, if you are in contact then make sure you messages and recordings

But laurens my sympathy it’s going to be hard road moroccan women don’t respect or follow religion just money that’s why you saying she black mailing you also went through the same thing

If you are Muslim then make dua a lot.

May Allah give you your right be it muslim or non Muslim

Hello im sorry this has happend to you im also had this happend to me with my moroccan ex he taken me to court to stop me from bringing my 2 daughters here he hasnt let me go over to see them only talk to online we have divorced and today my oldest daughter there in morocco has just only realised what her moroccan dad is really like and its breaking both my daughters hearts and i too dont know what to do @laurenscurteis

@Broken7766 Salam bhai My name is Zaki khan from New Delhi India. I was also married and divorced to a Moroccan woman. Can we share our experience with each other if possible. Allah Hafiz