DISCLAIMER: The Department of State provides this for general information only. It is not intended to be legal advice, and may change without notice. Questions involving interpretation of law should be addressed to an attorney licensed in the relevant jurisdiction. 

Active-duty U.S. military members and their non-active duty dependents are subject to foreign laws while residing abroad. Family law matters are generally handled by the host country’s courts.

The country where a U.S. military family lives may be their habitual residence in some legal matters. In some countries, the United States has signed a Status of Forces Agreement (SOFA). These agreements determine how some legal matters are resolved in such countries. As an example, under some SOFA agreements the host country can decide if U.S. military members and their dependents are:

• habitually resident in the host country and
• subject to local laws and procedures. 

The United States has a SOFA with many countries that host U.S. military personnel. The relevant SOFA for that country governs these matters. More information is available about specific agreements here.

Your habitual residence may decide which country’s courts should resolve a legal dispute. This includes disputes over custody or adoption.

Abducted children may be ordered returned to their country of habitual residence in international parental child abduction cases governed by the Hague Abduction Convention. If that is the foreign country where the base is located, its courts could determine custody matters.

The U.S. Department of State’s Bureau of Consular Affairs works with military Judge Advocate General (JAG) offices. JAG officers can offer general guidance and information about custody, adoption, and international parental child abduction. Please visit the following pages for more information:

• The Department of State’s travel website
• Information on residing abroad
• International parental child abduction
• Intercountry adoptions