If you are divorced, you must comply with the custody order in your divorce decree in terms of travel with your children. You will need to work with your children’s other birth parent if you want to take them on a trip internationally, otherwise, you could suffer harsh legal consequences.
At the Tampa divorce lawyer offices of Quinn & Lynch P.A., our clients call us with questions about the legality of taking their children on international trips when they have divorced their children’s other birth parent. The law is very clear and very strict.
The following is some information about how you can take your children on an international trip.
Passports
According to Legal Zoom, your children will need passports to travel internationally. The only way to get their passports under U.S. law, if the children are under the age of 16, is if both birth parents agree. Either both parents must go in person to get the passports, or one parent can go in person, and the other parent can provide a signed form that gives consent. Children who are 16 years or older can obtain their own passports under U.S. law.
If your child qualifies for dual citizenship, other countries may issue a passport, regardless of both parents’ consent.
Signed Consent
Just having the passports, though, does not fully ensure that your trip will be trouble-free. The U.S. Customs and Border Protection recommends that, in the case of one parent traveling with their children who are under the age of 18, the adult carry a signed and notarized note from the parent who is not traveling that states that the parent staying in the U.S. is aware that their child is traveling with the other parent and that they have granted permission.
In the case that the parent traveling with the children has been granted sole custody by the court, or in the event that the other parent has died, the CBP advises the traveling parent to carry the relevant legal paperwork as they travel. The CBP cautions parents that some countries, such as Canada, have strict legal guidelines on travel with one adult and one or more children and may not permit entry, even with a passport, without such documentation.
Your Divorce Decree’s Custody Order Terms
Since international travel is a major decision, if you have joint custody, the other birth parent has the right to oppose your desire to take your child out of the country. Also, you need to consult your divorce decree to see if there are any stipulations regards to international travel. If you are having trouble getting your former spouse to consent to allow you to take your child on an international trip, you may have to petition the court for an order allowing you to do so.
Ne Exeat Bonds
Our Family Wizard explains that, sometimes, ex-spouses are afraid that the other birth parent will take their child overseas and never return. If you are having trouble getting your ex-spouse to agree to allow your children to get passports and take an international trip, one solution is to see if they will agree to a Ne Exeat Bond. A Ne Exeat Bond is a surety bond that will fund the parent who is remaining in the U.S. with enough money to cover their legal fees if the traveling parent does not comply with the terms of the custody order during international travel.
Parental Kidnapping
If you disregard your custody orders and your ex-spouse’s wishes and take your children on an international trip, you can be charged with parental kidnapping. Even if you just stay past the agreed-upon date or go to another country, you could be charged with child kidnapping. The U.S. government could contact the foreign country and ask them to extradite you and your children back to the U.S., where you could face kidnapping charges.
If you are having trouble getting your ex-spouse to agree to allow you to travel internationally with your children, call us at the Tampa divorce lawyer offices of Quinn & Lynch P.A. We will work to obtain a court order or a Ne Exeat Bond that will allow you and your children to travel internationally