Can my Ex Take our Children Outside of the Country?

In today’s world, we are more connected than ever. Technology has made it possible for us to reach across the globe in an instant. This not only means that we are more connected digitally – it also means that increasingly, people are making the decision to travel internationally too – whether it is for work, or to visit family and friends, or both. If you or your co-parent have any plans to travel internationally with your children, there are some special issues you might want to consider, depending upon your circumstances.

Generally, if you are simply taking a brief vacation with your child, most of these issues will not be your concern. If, however, one parent is a foreign national, or has family with strong ties to another country, there are certain issues you might want to consider. Some of those issues include:

• Discussing and agreeing upon travel restrictions in your separation agreement: It is never a bad idea to address travel in whatever custody agreement you and your spouse ultimately decide upon – or to ask that the court address the issue if you choose to pursue that route of resolving your issues. Even if at the time you enter into the agreement neither parent travels a great deal, it can’t hurt to cover all of your based. After all, one of the only certainties about life is that it changes constantly.  You may want to set forth parameters on where your children can and can’t go, when travel can take place, and who the child can travel with. Considering these things and setting out your agreement in such detail might seem like overkill to some degree, but you might be surprised. Following your divorce, your spouse might begin dating someone who lives in another country, and decide that he or she wants to travel there with your children. In other cases, perhaps your ex-spouse might want to allow the child to travel with their grandparents. You may find these things acceptable, and you may not. Regardless, it’s a smart decision to try to anticipate and consider these sorts of things ahead of time. The situations you anticipate might never arise, but if they do, you’ll have a plan for dealing with them.

• Obtaining child passports: Unfortunately, international child abduction happens more often than most people realize. For that reason, child passports are particularly difficult to obtain. Children under the age of 16 must apply for a passport in person, with the consent of both parents, who must present their own identifications as well as proof of their relationship to the child. One exception to the general rule requiring both parents to provide consent for obtaining the passport is the instance in which one parent has sole custody of the child, or in which one parent has a court order allowing that parent to unilaterally obtain a passport for the child. Regardless of whether it is one or both parents who obtain the passport, however, in order to obtain the passport, the parent will need to have evidence of:
  • The child’s United States citizenship (a birth certificate or a certificate of citizenship);
  • Photo identification for the parent(s)proof of the parent’s relationship to the child (such as a birth certificate adoption decree, or custody order); and
  • A 2x2 passport photo of the child that has been taken within the last six months.

It may be a good idea to register your child with the Children’s Passport Issuance Alert Program, which is a program of the Department of State’s Office of Children’s Issues. After you have done so, you will immediately be notified if the other parent applies for a passport for your child without your knowledge. Even if you think it unlikely that your ex-spouse might try to do so, it can never hurt to be cautious. Finally, after obtaining the passport, make sure that you keep it safe, and store it in a secure place at all times.

• Understanding the Hague Abduction Convention: The Hague Abduction Convention is an international treaty that has been in effect since 1983, and which was created to address the very real problem of children being taken to another country by one parent without the other parent’s knowledge or consent. The purpose of the treaty is to provide for the expeditious and safe return of the child to their home country, if the child is taken to any of the 100 countries that are a part of the treaty. It applies to children age 16 and under. Essentially, the treaty is intended to maintain the status quo – That is, whatever agreement the parents had with respect to custody should remain the agreement. It is intended to prevent one parent from trying to take a shortcut around the agreement by going to another country where the laws are very different.  Typically, the treaty requires that once an action is initiated, a decision should be made within six weeks.

In an ideal world, all parents would act reasonably when taking their children abroad, and would never consider trying to subvert or sabotage a custody agreement by traveling internationally with a child against the other parent’s wishes. Unfortunately, though, it does happen, and it can never hurt to be prepared in the event that it does. If you believe that it may be a possibility that your co-parent will try to take your child to another country without your consent, it is extremely important that you consult with an attorney who understands the complexities of international custody law, and that you take all necessary precautions to keep your child safe and assert your legal rights.

If you need to speak with an experienced child custody attorney in Huntersville, contact Adkins Law to arrange a consultation with a family law attorney. 

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