Guidance

Information on child abduction in Oman

Updated 19 August 2024

Disclaimer

Any information contained in these pages relating to the legal system in Oman is provided for general information only. Independent legal advice should be sought in Oman for specific information relating to individual cases.

Parental child abduction

The abduction of a child from the UK to Oman is not a crime in Oman unless there is an Omani court order regarding custody of the child or travel restrictions. Parental child abduction is, however, a criminal offence in Oman. If a parent or grandparent removes a child from the person who is entitled to custody, according to an Omani judicial decision, the individual will be liable to a term of imprisonment and a fine, both of which can be substantial.

Oman has not signed the 1980 Hague Convention on the Civil Aspects of International Child Abduction. 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 Oman to the UK. Therefore, parental child abduction cases from the UK to Oman are often difficult to resolve. Neither the British government nor the British Embassy can force the abducting parent or the Omani government to return a child to the UK.

There is no extradition treaty in force between the UK and Oman.

Custody issues

The Omani Personal Status law applies in custody issues. Under the Omani Personal Status law, the father is considered to be the guardian of his children, the mother has the right to custody of both male and female children until they ‘come of age’ (seven years for boys and until the onset of puberty for girls). After this age, the court will decide who the children should live with. The court will seek to grant custody to the individual who is best able to raise, protect and guard the child’s welfare.

If a woman remarries, she may lose custody in favour of the father or any other close relation, unless it is proven that it would be in the best interests of the child to remain with the mother. There is the option to appeal a custody ruling.

An appeal takes approximately three to six months in the Primary courts and between two to four months in an Appeal court.

The parent who does not have custody is entitled to contact with the child. In cases of disagreement between separated spouses, the court will intervene to regulate contact. The custodian parent must abide by any court judgment that has been made and cannot bar the other parent’s right of access to the child.

This section constitutes general information on the Omani 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 Oman.

Travel

The father’s approval is not required for a child to be able to leave Oman unless there is a court order or a court case pending. If there is a court order or court case pending, then either parent can ask immigration to put a stop order on their spouse or child to prevent them from leaving the country i.e. to prevent the potential abduction of the child by the other parent. If there is a stop order in place, a parent would be stopped at the airport and refused travel.

Oman does not recognise dual nationality, and a child of an Omani father will automatically be an Omani national from birth. Children born outside of Oman with an Omani father may also hold a British passport, although this may not be legally recognised by the courts in Oman. Omani nationals can exit the country on Omani ID cards but children under the age of ten often do not hold civil cards, and so must exit on a passport. Exit visas are not required, but a valid visa must be shown when leaving Oman except when exiting on an Emergency Travel document (ETD). UK ETDs are only issued if the British passport is not available. People needing to travel on an ETD should arrive at the airport with plenty of time to proceed through immigration. Those leaving the country permanently on an ETD will need to discuss this with their sponsor for further information on how to proceed.

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.

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, visit Reunite’s website or call +44 (0)116 2556 234.

Local services

The Royal Oman Police can be contacted on 9999 in the event of an emergency. The police can assist individuals and put them in touch with relevant agencies, such as juvenile reform and social care centres.

The Oman Human Rights Commission (OHRC) was established in 2008 and exists to provide advice and assistance in human rights cases.

The OHRC is located in Al Athaiba, Muscat, and can be contacted on telephone 24218900, email [email protected] and website.