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International travel for divorced parents has its own rules

On Behalf of | May 8, 2020 | Family Law |

Maryland parents who are divorced and want to travel outside of the country with their children need to follow certain requirements. They may not simply be able to get up and go with the children. However, being divorced is not a bar to international travel.

When parents have joint custody, they may include a provision on international travel in the divorce agreement. This is the first document that will govern the parent’s right to take the children out of the country. There may be some parameters for where the children can travel and during what time. Those who envision that they would need to travel with the children should first try to negotiate this in the custody agreement.

Beyond that, there are additional requirements when parents want to obtain a passport for their children. The State Department is sensitive to the risks of parents taking children out of the country so it requires that both parents consent before a child is given a passport. The children will need a passport to be able to enter the foreign country.

When parents are having difficulty with the other parent about international travel, they can take the case in front of a judge. The court can decide to give that parent permission to travel, even if it is not specifically addressed by the terms of the custody agreement.

Parents who are getting divorced and want to have the ability to travel may seek the help of a family law attorney. The attorney may negotiate the terms of the custody agreement to allow for travel. Conversely, those parents who are worried about the other parent taking the children overseas may hire an attorney to negotiate certain protections in the agreement. The attorney might also represent their client if the issue of travel goes to court.


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