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If permission to travel with your children out of state or abroad is required by court order, parents should not ignore this requirement and travel without them. This may result in non-compliance with a court order and expose them to civil or criminal penalties. If a parent travels abroad with a child without the proper permits, the act can be considered international parental abduction. With summer in full swing, easing COVID-related travel restrictions, and the growing strength of the U.S. dollar, many parents may be planning a major international trip with their children. If you`re on that boat (or plane), eager to get away from home and explore life outside the United States, and you share some form of custody with your child`s other parent, you may need to consider some special considerations before taking your child on a trip. Before booking flights or hotels, the first step is to check the official custody order. Most custody agreements contain specific language detailing what a parent must do to obtain consent to travel with the child. In most cases, a complete and detailed itinerary is required prior to departure.

As always, it is important to stick to the custody order. The courts may find any parent who does not submit guilty of contempt. International travel with a child can be a bit more complicated if both parents don`t agree on travel plans. If you are travelling to North America by car, you must provide both your child`s birth certificate and a written statement that your child has permission from their other parent before travelling to Canada or Mexico from the United States. If the other parent is seeking a court order to travel with the child: and you object, talk to your lawyer about your options. It may not be enough to say that you don`t like the other parent`s new partner. You may need to have reasons or a basis why you don`t want your child to travel out of state. Even if your court order or parenting plan doesn`t explicitly state that written consent is required to travel with children, it may be a good idea to get it anyway. A registration of the agreement that allows a child to travel out of state is crucial if disagreements or disputes arise at a later date. But while traveling can be just as stressful and joyful, post-divorce stress can quickly overwhelm parents if they don`t make all the necessary preparations.

If the other parent does not allow the child to travel outside the state or country, the traveling parent cannot simply take matters into their own hands. Traveling if it interferes with the other parent`s custody time or is against the parent`s will can result in non-compliance with court orders, legal sanctions, or even criminal charges. If you can`t reach the other parent, you may need court approval to travel. If you have questions about out-of-state or out-of-country travel with your child, contact Joshua Wilson Law Firm today. Once a passport is acquired, good co-parenting would usually mean that parents communicate with their counterpart when they decide to go on vacation with their children, whether in the neighboring state on the other side or on the other side of two oceans. All parents should, if possible, obtain the consent of the other party. In fact, the State Department requires parents traveling abroad with their children to obtain a consent form from the other parent to avoid delays in entering or leaving other countries. It is not uncommon for parents to worry about their child travelling abroad without them, even if they have a healthy co-parenting relationship with their ex-spouse.

Parents who have questions about their right to travel abroad with their children or to restrict travel abroad should consult a qualified divorce lawyer. There are very few cases where a parent can legally leave the country with their child without the consent of the child`s other parent, even if the travelling parent is the custodial parent.

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