Can a Parent Take a Child Out of the Country Without the Other Parent’s Permission in New York?
Traveling abroad with children can be more difficult when your family is separated or divorced. A parent may want to take their child on vacation in Europe, visit relatives abroad, or travel during the holidays. However, the question becomes: does the parent need their co-parent’s consent before taking the child to another country?
The answer depends on the type of custody arrangement between the parents and the circumstances in New York.
Check your custody order first
Parenting plans should start by reviewing any custody and parenting time agreement in place for your children. The agreement or order can include specific terms related to international travel, such as requiring advance notice, written consent, or travel schedule information.
If no order specifically prohibits international travel, the parent should still avoid unilaterally acting against the other party’s custody or parenting time rights. Taking a child abroad during the other parent’s allocated time can lead to a custody dispute or enforcement action.
International travel is different from relocation. It means that going abroad on holiday involves a different set of rules than relocating the child to another country.
What about the child’s passport?
Another practical issue associated with international travel may be securing a passport. For those under 16, both parents or guardians typically must agree to issue a passport, except in special cases. If one parent is unavailable when the passport application is submitted, the other parent will need to sign the application and provide a notarized consent form.
A custody agreement becomes especially important when parents disagree about issuing a passport.
When one parent fears the child will never return
An impending international travel plan raises significant issues when one parent suspects the other of absconding with the child. This can include past threats from the other parent to leave the country permanently, strong ties to another nation, a quick sale of assets, or reluctance to provide specifics about the travel plans.
If any of these occur, it would be prudent for the concerned parent to seek legal help without waiting for the travel date. There may be a way to get the child prohibited from going on an international trip or impose conditions before they go.
Another way to ensure the safety of the child from being abducted internationally is by enrolling in the Children’s Passport Issuance Alert Program run by the U.S. Department of State.
Planning international travel after divorce
As a parent, you’ll face fewer conflicts if you address international travel in your custody agreement. This can include a required notice, sharing of information, possession of a passport, and the prior requirement for written permission.
Talk to a Rockland County, NY Family Law Attorney Today
The Law Office of Robert S. Sunshine represents the interests of parents who are looking to travel overseas with their children. Call our Rockland County family lawyers today to schedule an appointment, and we can begin discussing your best path forward immediately.
