Around summer break and the holidays, I often receive questions about whether a parent can take their child out of the country—especially in shared custody situations. International travel can be an exciting opportunity for a child, but it also comes with legal considerations that parents should address before packing the suitcases.
Why International Travel Can Be Complicated in Custody Cases
When parents share custody—whether joint legal, joint physical, or a combination—major decisions about the child’s welfare typically require mutual consent. Travel outside the United States is often considered such a major decision. Even if one parent has primary physical custody, they may still need the other parent’s written permission or a court order to take the child abroad.
Concerns often arise when one parent fears the other may not return the child to the United States. This is especially true if the destination country is not a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, which provides legal mechanisms to help return abducted children. International travel can be a tricky subject in shared custody situations—especially if one parent does not agree with the child going on the international trip.
Steps to Take Before Planning an International Trip
- Review Your Custody Order
First, if you have a custody agreement or court order in place, you need to carefully review its terms. Many orders contain specific provisions about travel, such as requiring notice, sharing itineraries, or obtaining the other parent’s written consent. If your order is silent on the matter, North Carolina law still requires that you act in the child’s best interest—and taking a trip without the other parent’s knowledge could lead to legal trouble and accusations down the line.
- Obtain Written Consent
If the other parent agrees to the travel, get that consent in writing. A signed, notarized statement can help prevent misunderstandings or disputes later on.
- Secure the Necessary Travel Documents
For children under 16, both parents generally must provide consent before a passport is issued. The U.S. State Department offers a “Statement of Consent” form that one or both parents can sign if they cannot appear in person. If a parent refuses to sign, you may need a court order to obtain a passport for the child without the other parent’s involvement or signature.
- Provide Travel Details
A good practice is to provide the other parent with your travel plans in advance, including your itinerary, contact information, and copies of flight and hotel confirmations. Not only does this foster good communication between parents, but also shows good faith and a willingness to cooperate. Even if you do not get along with the other parent, a Judge will positively view such attempts when making future decisions about your involvement with your children.
When the Court’s Involvement is Necessary
If you and the other parent cannot agree, you can file a claim with the court for permission to travel. The judge will consider whether the trip is in the child’s best interest, including factors such as safety, length of travel, purpose of the trip, the child’s relationship with both parents, and your plan for returning the child.
The Bottom Line: Plan Ahead
Do not wait until right before summer break or the holidays to think through these concerns. Court timelines and passport processing can take weeks—often months—so it is important to address these issues well in advance of any planned trip. International travel with your child during a custody arrangement is possible, but it requires careful legal and logistical planning. Acting without the other parent’s consent or the court’s approval can have serious consequences, including loss of custody or even criminal charges.
If you are considering a trip abroad and have questions about your rights and securing travel approval, meet with a family law attorney early in the process to help you avoid unnecessary legal hurdles. After all, travel is supposed to be a positive, valuable, and fun experience for your family!
If you or somebody you know is in a family law dispute about international travel, our team at Modern Legal is here to help.
Please note: these educational materials are based on North Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
My journey to be a family law attorney began before I was even born. As a child of surrogacy, legal minds were already sorting through the details of my existence before anyone knew I too would become an attorney helping families. I now have wonderful relationships with my parents, as well as my birth mother, and I am grateful to the attorneys who made it all happen. I have thoroughly enjoyed this meaningful work and continue to be inspired and motivated by relationships with clients, understanding their stories, and helping them to assert their rights. I am eager to continue this advocacy and am ready and willing to work with you on any of your family law needs.
