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Traveling Internationally with Children Following Divorce

Like any other parent, a divorced parent may wish to take their child on an international vacation to allow them to experience other countries. However, traveling to a foreign country with your child may be more complicated if you share custody with your former spouse. In certain cases, traveling with your child can even have serious legal consequences if you do not take the adequate steps prior to your trip. The following are some issues related to foreign travel that you may face.

What does your parenting plan say about travel?

Sometimes, divorcing parents may foresee that one or both will want to travel internationally with their child and may address the issue in the parenting and time-sharing plan that was signed by the court. If your parenting plan requires the other parent’s consent to leave the United States with your child, you should always abide by that plan and obtain consent. If the other parent refuses to give consent for the vacation, you may have to seek a court order before you can travel. If you do receive a signed letter of consent or a court order allowing international travel, you should always take those documents with you on your trip should an immigration officer at another airport ask to see them.

Does your child need a passport?

If you wish to leave the country and your child does not already have a passport, you may need the consent of the other parent if your child is under 16. United States laws require both parents to appear in person and sign the form applying for the child’s passport, or at least requires a signed consent form if one parent is not able to personally appear. If the other parent does not consent to your child being issued a passport, you generally have to demonstrate court-ordered sole custody to obtain one on your own.

Possible Consequences of Failing to Obtain Consent

If you ignore the above and leave the country with your child without the proper consent from the other parent, that parent may have the ability to initiate an international parental abduction case with the U.S. State Department. You and your child may also be entered into a database called the National Crime Information Center, managed by the FBI, as a possible kidnapping case. This means that law enforcement officers will likely be notified and apprehend you when you try to re-enter the country with your child. As you can imagine, international child abduction cases can have a profound effect on both you and your child and you do not want to risk being under suspicion of kidnapping when you were simply trying to take a vacation.

An Experienced Child Custody Lawyer in Boca Raton Can Help You

If you wish to travel internationally with your child and are concerned about the legal issues that may arise, you should not hesitate to consult with an experienced Florida family law attorney. Alan R. Burton is a skilled attorney who is thoroughly familiar with the custody laws in Florida and can help you plan for your international vacation. Call today at 954-229-1660 to discuss your situation today.

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