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Rights of the foreign wife in regards to Children

ItsWhatever

Hi everyone,

I was curious to know if anyone knows about the rights of the foreign wife in Morocco.


for example if we were to ever split would all rights over children go to the Moroccan husband automatically?


I am asking this because I have family members who experienced this in other countries- where the father stopped the kids from leaving the country…

See also

Living in Morocco: the expat guideSchooling in Morocco for a chinese nationalSchool for expat childrenHelp me and my kids pleaseÉcole maternelle à agadir
Rondainmarrakesch

So from the Moroccan law you can not take your kids out of the country if the father doesn’t agrees with it. Same as in other countries as well, but here the Islamic law is still having a huge impact on this.


If you split and you still want to live here, the custody goes usually over to the mother, but that also depends on the reaction of your husband, financial situations, living situations etc.


But taking your kids out of Morocco without the husband agrees is not possible. The airport police will not let you pass with the kids.

idouarab2712

@ItsWhatever your rights will depend on how big and deep your wallet is full stop

Vakil

@ItsWhatever


Hi. Thé law is a little complex.

However there are cases where the women has won in morocco allowing her to have full control over the child.


That being said, normally the child would need the father permission or you will

need to obtain a letter from the father allowing you to take the child.


however depending on your nationality and country Morocco is also part of the Hague Convention. Depending on your nationality this convention law could come into play.


the convection would allow you as a foreign mother access and technically have rights under your national laws of your country to have the child.


as mentioned it’s a little complex but doable.


hope this helps.


regards


Arif

aishahm

@Vakil

I agree with this

I'm australian and live in Morocco

I got divorced from my ex husband who is dual citizen British/ moroccan.

I gave birth 4 times in Morocco.


I have a legal consent affidavit which states I can take the kids out of Morocco and never return.

This was made by their father.

I needed it to make their moroccan  passports and while I'm now waiting for the British passports to return inshaAllah.

The mother in Morocco has rights to custody ( generally) she will receive child support and have to make her own way in life after that.

I'm greatful I had a lawyer negotiate with my ex for the consent before our divorce was complete.

He has since tried to revoke his consent, prevent them leaving and tried to interfere with their passports. Mind you he is living in England and seen the children less than 7 times in almost 3 years.


As an Australian the embassy said they can't help with anything other than advice on how to make a passport. But they can't interfere with moroccan law about removing the kids ( which doesn't apply to me since i have the affidavit)

The British embassy as I have 2 kids born in the UK told me to get a lawyer !

The Hague is a route but let me tell you just getting the documents together for moroccan passports since my ex never registered the kids, it has been a disaster and I would suggest having their passports made and ask for the consent affidavit to be drawn up.

This way you can say to him, I just want the consent form so I know you won't hinder the children being able to be with my family and see my family too.


It's very important to negotiate and always be open in a marriage but from my experience I have seen too often people ( mother or father) use kids as a tool and unfortunately I will tell you the kids would be better off not in Morocco.

Since education is next to 0 and health care is a joke.

Rondainmarrakesch

@aishahm Yep, if you don’t want to send your kid to the American school for 10.000$ monthly you’re better off somewhere else.

Luckily the health system got much better and we have amazing clinics in Marrakech now. But it’s always good to have CNSS (health insurance), which pays up to 80%.

But if you don’t have money to take care of all these things I would never recommend my kids staying in Morocco, never.

aishahm

I have birthed 4 times in marrakech clinics.

I'd say the best has been and still is clinic atlas.

The new and fancy ones are a total joke.

There is not enough regulation for the health care system and too much corruption.

Unfortunately its very expensive too, even if someone has insurance