Can I Travel Internationally With My Child After a Divorce or Separation?
International travel for divorced parents or parents with custody orders could be different than for married parents.
Traveling internationally with your children following a divorce or custody order usually isn’t an issue so long as you are following the terms of your custody and parenting plan and have your travel documents (passports, visa, etc.) in order.
As a side note, make sure you pay your support because if you owe more than $2,500 in child support payments, the Division of Child Support has the authority to suspend your passport, which we discussed in another blog.
The reason that international travel for divorced or separated parents may require additional preparation and authorizations is to ensure that children are returned to the other parent, per the court’s orders. Your parenting plan may, or may not, include restrictions, so the parenting plan will be your guide in addition to US Department of State regulations and the laws of the country where you are traveling.
What’s required in order to travel internationally with your child?
If you have sole legal custody of your child, you can obtain a passport for your child, but you will need to provide proof of your court-ordered custody agreement when you apply for your child’s passport.
If you don’t have sole legal custody of your child or have joint legal custody, you are going to need your co-parent’s cooperation to obtain your child’s passport unless your custody order specifically says otherwise. In that instance, both parents would need to appear in person, typically at a US Post Office, to make the application. If one of the custodial parents cannot appear, the appearing parent can provide the following to obtain the passport:
A notarized DS-3053 from the non-appearing parent
A photocopy of both sides of the non-appearing parent’s driver’s license or state ID
Unfortunately, if a custodial parent refuses to sign the passport application or cooperate, there’s not much a non-custodial parent can do except to take legal action to seek an order requiring their cooperation, which we here at DBMA can assist with.
Besides provisions related to your child’s passport, including who will safeguard the passport, some custody and parenting agreements will outline a few key pieces that impact travel with your child.
First, there may be a section of the agreement that outlines requirements and restrictions on international travel specifically. Sometimes, travel may be restricted to local destinations without preapproval of the other parent, or to foreign countries that are signatories to the Hague convention, which may impact travel plans. Comprehensive plans will also outline the specific steps that must be taken for foreign travel, which may include providing a detailed itinerary ahead of time or getting approval in writing.
Second, the parenting plan may restrict or outright prohibit international travel for one or both parents as a safety precaution for the child. A complete disallowance of international travel is rare, but that type of prohibition could be sought if a parent has concerns that another parent may attempt to flee the country with a child. If your agreement has such a restriction, traveling internationally with your child would then require additional steps or not be possible at all.
Lastly, it’s important to check your custody agreement to ensure that your travel plans don’t interfere with specific parenting time provisions. If your proposed travel dates will overlap with what’s been awarded to the other parent, you will need to obtain permission from the other parent.
While each custody situation — and each unique divorce settlement, in general — will determine the specific steps that either parent must take in order to take their child abroad, both you and your child must have a valid passport and, sometimes, an approved visa for visiting certain countries, especially for an extended period of time.
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Ensuring a smooth process for international travel starts at the time your custody and parenting plan is negotiated.
International travel with your child may be particularly difficult if restrictions and consent processes are not thoroughly outlined in your custody and parenting plan. So, hiring an attorney with significant experience in family law is crucial if you plan on traveling internationally with your child after your divorce.
If your divorce has already been finalized and you’re having trouble navigating the requirements to take your child abroad, an attorney can help you understand your existing custody arrangements, ensure you receive the necessary consent, and protect you from violating any part of the agreement in your travel.
If you still have questions about the requirements for traveling internationally with your child after a dissolution of marriage, it’s a good idea to contact an attorney that specializes in this area, like the team at DBMA Family Law Group. Get in touch with us today!