Traveling internationally with your children can become more complex after a divorce, especially in co-parenting situations. In the past, it may have been as simple as picking up the kids and going on a trip, but post-divorce, additional considerations come into play.
After the divorce is finalized, the Parenting Plan, also known as a Child Custody Agreement, should address the arrangements for out-of-state travel. It is important to note that during the divorce process, many states impose restrictions on out-of-state travel with children without the written consent of the other parent or the court. These restrictions aim to prioritize the safety of the children and maintain a level playing field for both parents during the divorce proceedings, as some parents have attempted to relocate a child to gain an advantage in the divorce. Limiting out-of-state travel during this period can mitigate the potential for such issues.
While Florida state law does not explicitly require parental notification before taking a child out of the state, it defers to the Parenting Plan to determine if permission is needed. In most states, including Florida, no specific law prohibits a parent from taking a child out of state during their designated visitation time. However, the Parenting Plan may include specific requirements, and some countries do require additional, written consent from the non-traveling parent.
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Can one parent travel internationally with their child?
The first step in determining whether you can travel internationally with your child after divorce is to carefully review your divorce documents. If your final judgment or Parenting Plan explicitly permits international travel, you should be in the clear. However, if the documents do not address or prohibit international travel, you must take additional steps. In such cases, you may file a supplemental petition to modify the final judgment or submit a motion to the court requesting authorization for international travel (depending upon what your Final Judgment states).
Travel Documents
Regardless of whether your divorce documents allow international travel or not, the next crucial step is obtaining the required travel documents, including a passport for your child. In the United States, both parents must be present with the child when applying for a passport for a child under the age of 16. However, if one parent cannot be present, they can provide written permission by signing a sworn statement (Form DS-3053 – “Statement of Consent”).
This can become problematic if the non-traveling parent refuses to consent to the passport. In such cases, you can file a motion with the court, seeking an order that compels the non-traveling parent to provide consent. The judge handling the family law case has discretionary power and may deny the request if the objecting parent can convince the judge that the traveling parent is a flight risk. Factors considered include the traveling parent’s ties to the United States, their citizenship status, and whether the destination country is a signatory to The Hague Convention.
Parental Permission
Even if both parents agree to international travel, it is strongly recommended to obtain a signed parental permission form from the non-traveling parent. This precaution is essential due to the increasing instances of child abduction in international custody cases and the concern of human trafficking. Immigration officers, airline representatives, or travel companies may request proof of the traveling parent’s relationship with the child. Carrying the child’s birth certificate can be helpful, especially if the parent’s last name differs from the child’s, as it is evidence of the legal relationship.
Can I leave the state with my child without a Parenting Plan?
Most Parenting Plans in Florida include a standard out-of-state and foreign travel provision. This provision generally permits either parent to travel out-of-state or internationally, if they provide sufficient notice and a detailed itinerary to the non-traveling parent.
However, there may be cases where issues arise regarding international travel. Concerns about the safety of the destination country or potential parental child abduction can lead to complications. In such situations, you can request a family court judge to order the surrender of your child’s passport by the other parent. The judge also has the authority to require the objecting parent to provide consent for the child’s international travel.
If you are considering an international trip with your child and you are not married to the child’s other parent, it is crucial to follow certain steps to obtain the necessary permission. Each country has its own requirements for children traveling with only one parent, even if the parents are married. We recommend that you consult with the U.S. State Department to understand the specific requirements imposed by foreign countries before planning such a trip.
Parenting Plan
Your Parenting Plan should have language regarding co-parent’s ability, or inability, to travel with the child(ren) out of state. This agreement is designed to prioritize the best interests of the children involved. When considering whether it is permissible to take your child out of state without the other parent’s consent, your Parenting Plan should be the first point of reference. It may contain specific provisions regarding out-of-state travel, which should be documented within the agreement.
It is important to note that Parenting Plans are tailored to each unique situation and family. Not all agreements impose restrictions on out-of-state travel. However, it is crucial to review the specific details outlined in your own Parenting Plan when faced with such questions or circumstances. If travel is important to you and your family, be sure this is addressed in your Parenting Plan during the creation process or trial.
Obtaining Court Approval for International Travel
Most Parenting Plans include provisions allowing international travel. Moreover, these plans often include specific notification requirements, specifying when a detailed itinerary must be provided to the other parent.
If your Parenting Plan does not address international travel or the other party objects to such travel, you can seek court permission. It is advisable to request permission approximately six months before your planned trip. This timeframe accounts for potential delays due to the judge’s schedule and the processing time required for your passport application. Allowing ample time increases the likelihood of obtaining court approval and ensures a smoother process for your international travel plans.
What do I need to travel internationally with my child?
To ensure a smooth international travel experience with your child, there are several common requirements to keep in mind:
- Valid Passport for the Child: The specific passport requirements vary based on the child’s age.
- Children Under 16: Passport applications for children under 16 must be submitted in person by both parents and the child at a passport agency or authorized acceptance facility. Additional parental consent documentation is required if both parents cannot be present.
- Children 16 and 17: Passport applications for children aged 16 and 17 may be submitted by the child alone if they possess their own identification. At least one parent should accompany the child to demonstrate parental awareness. However, if a parent has provided written objection to the State Department, a passport may not be issued to a 16 or 17-year-old child.
- Consent Form from the Other Parent: It is essential to obtain a signed consent form from the other parent, specifically referencing the intended trip. To ensure a stronger legal standing, utilizing an International Travel Child Consent Form and having it notarized is recommended.
By ensuring your child has a valid passport and obtaining the necessary consent form from the other parent, you can navigate international travel requirements with greater ease and compliance.
Communication between co-parents
Maintaining open and effective communication between co-parents is crucial, even if the law does not explicitly require consent from the other parent. It is considered good practice to keep the other parent informed about the child’s whereabouts, who they are with, and how to contact them. This level of communication helps prevent confusion and ensures the child’s safety and well-being.
Open lines of communication with your co-parent regarding matters related to the children, including travel, can significantly reduce stress and facilitate smoother co-parenting. If you have specific legal inquiries about the child custody agreement or your ability to travel, it is recommended to seek guidance from a qualified family law attorney who can provide tailored advice based on your unique circumstances.
A mediator can be vital in facilitating communication between co-parents regarding international travel with a child after divorce. They can provide a neutral and structured environment where both parents can express their concerns, discuss travel plans, and work towards finding mutually agreeable solutions. Through their expertise in conflict resolution and child-focused decision-making, mediators can help co-parents establish effective communication channels, address potential disagreements, and ultimately reach a consensus that prioritizes the child’s best interests regarding international travel arrangements.
Legal Guidance
Navigating international travel with your children after a divorce can be a complex and delicate matter. Understanding the laws, regulations, and specific provisions within your Parenting Plan is crucial to ensure compliance and prioritize the best interests of your children.
Schwam-Wilcox & Associates provides legal advice and reliable representation tailored to your unique situation. Our team of family law attorneys can provide the guidance and support you need to make informed decisions, protect your rights, and facilitate a smooth travel experience for you and your children or assist in the mediation process, as Attorney Schwam-Wilcox is also a Florida Supreme Court Certified Family Law Mediator. Contact us for a consultation at our Altamonte Springs office in the Orlando metro area of Florida or set up an appointment in The Villages.
