International Travel for Kids When Parents Are Divorced

There are many challenges and concerns involved when a divorced parent wants to travel abroad with his or her child. Both Pennsylvania law and federal law come into play, and it is critical to get the help of an experienced divorce lawyer or mediator to make sure that your child is protected. Because the process can be complex, we always recommend starting early, far ahead of the planned trip, and doing your homework to avoid snags. 

Many factors are involved when you or your ex wants to take your child abroad, such as:

• Is it you or your ex-spouse who wishes to go on the trip with your child?
• Do you have joint or sole custody?
• Do you have an amicable or contentious relationship with your ex?
• Do you have any concerns that your ex may not return with your child?
• What arrangements regarding travel are stipulated in your divorce agreement?
• Does your child already have a passport?
• Is the one who is providing child support up-to-date on payments?

This is not an exhaustive list; we can discuss your situation in depth to discover any additional issues or concerns. 

Passport and other critical documentation when traveling abroad with your child

The U.S. State Department requires that both parents appear in person with proof of parentage to apply for a passport for a child under 16. If you have sole custody, you must bring proof of sole legal custody. If you have joint custody but your ex is not willing or able to appear with you to apply for the passport, you will need a court order specifically permitting you to travel abroad with your child.

Besides the passport, you must take copies of important documents, such as the child’s birth certificate and immunization records. If your names are different, you’ll need your marriage certificate or change of name documentation to indicate your previous last name and relationship to the child.

If you have joint custody, you may also need to show customs officials written consent from your ex. This must be written in a way that is accepted at airports. Again, you should obtain legal advice to help with this, especially if your child now has a different last name than you or your ex.

Once these steps have been ironed out, provide your ex with details of your travel: dates of departure and return, itinerary, accommodations, and contact information.

When you object to your ex taking your child abroad

If it is your ex who wants to travel abroad and you have concerns, it is even more important that you get legal help. We can discuss your reasons, and what requirements and stipulations would be best to put on the trip to keep your child safe. 

Is your ex behind on child support? According to PA law, a parent who owes $2,500 or more in child support is not eligible to obtain a passport. 

Are you worried that your ex will flee with your child? We can petition the court for a Ne Exeat Bond (Latin for “that he not depart”), which would require your ex to put up sufficient collateral (cash or property) to ensure that your ex-spouse will return with your child. If not, you can use that collateral to pay for an international child abduction case to get your child back.

Additionally, the Department of State offers a Children’s Passport Issuance Alert Program to warn authorities if your ex attempts to get a passport for your child using fake permission papers.

Whether you or your ex are taking your child overseas, give us a call at our Doylestown, PA office, at (215) 345-5259, so that we can discuss these details together and determine what needs to be done to help you and your child