Traveling Internationally With Children When Divorced
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In cases involving the custody or parenting time of a child, a parent may want to take a child on vacation or travel outside the United States without the second parent’s knowledge or consent. Nevertheless, international travel with a child requires consent from the other parent. Traveling with a minor child, without the other parent’s consent, may lead to an international child abduction case or perhaps some other lawful implications if the proper legal steps are not followed. Parents should know their legal rights and understand the orders issued in their individual case. It is important to understand state and federal legal regulations regarding international travel with children.
Terms Of A Parenting Time Order
The parents’ parenting time order usually governs each parent’s rights regarding action taken with or without the other parent’s permission. If parents share decision-making authority over the child, each parent has a right to resist major decisions regarding the minor child’s life. In some instances, a parent may resist the other parent taking a child away from the country for a vacation or relocation. Furthermore, the terms of the parents’ parenting time order may specifically forbid vacation or relocation without the permission of the other parent. In instances where a trip infringes on the other parent’s legally specified time with the children, the order may be clear that without permission from that parent, the trip will not be permitted during the other parent’s time. However, even if the trip takes place only during your allocated parenting time, it is good practice to obtain a signed consent from the other parent that includes logistical details such as the dates of travel, specific locations of travel and contact information. If you and the other parent have agreed to any “make-up parenting time,” you should also confirm that in writing. If you anticipate problems obtaining a signed consent, talk with an attorney as soon as possible. If problems occur, contact an experienced family law mediator and seek assistance from the mediator to work out a solution. In case the other parent opposes the international travel, a parent intending to travel with the minor child would have to acquire a court order or could face costly legal implications.