Divorced Parents' Rights When Children Travel Internationally

 Posted on April 25, 2017 in Child Custody

As a divorced parent, you want to know that your children are safe and reachable by you, even if you are not awarded primary allocation of parental responsibilities. If your children travel internationally, it can put both their safety and accessibility at risk:

• The country your children are visiting may be dangerous; or
• The other parent may use the opportunity to live in the country with your children.

Many divorced parents want to have a say in important parenting decisions, such as allowing their children to travel abroad. Depending on your allocation of parental responsibilities, you may not be able to prevent your children from traveling internationally. You should understand your rights as a parent before your children leave the country.

Parenting Plan

Since Illinois replaced child custody with the allocation of parental responsibilities, joint parenting agreements are less common. Courts consider it in the best interest of the child to give one parent primary parenting time and decision-making responsibilities. However, divorcing parents can negotiate decision-making plans, such as stipulating that both parents must give permission before their children are allowed travel abroad. If you have joint decision-making responsibilities, you may be able to:

• Force the other parent to obtain a court order to allow your children to travel abroad without your permission; or
• Require that you sign your children’s passports before they can be valid.

Abduction Protection

International travel can become parental abduction if your former spouse takes your children to live in another country without your consent. While it is illegal for the other parent to abduct your children, U.S. parenting laws often have no power in another country. There are ways to protect your rights in international child abduction cases:

• Before you allow your former spouse to take your children outside the U.S., have him or her post a ne exeat surety bond. The bond’s value should equal the estimated cost of taking legal action if your former spouse does not return with your children by a specified date.
• If you believe your former spouse has abducted your children, you can go to court to negotiate the return of your children, though success may depend on the laws of the other country. Contact the U.S. State Department to discuss how they can help with the case.

Parental Rights 

Even if you cannot prevent your children from traveling abroad, you want to protect them. A Kane County family law attorney can advocate for your parental rights. Schedule a free consultation with Goostree Law Group by calling 630-584-4800.

Source:

http://www.americanbar.org/publications/gp_solo/2011/april_may/parental_tug-of-warpreventinginternationalchildabduction.html