As the school year draws to a close, you may be thinking about summer travel plans. And as the world continues to get back to business and destinations reopen, you may be thinking of taking your child or children on that dream vacation that you have been delaying for so many months or even years. If you are planning to travel abroad but are separated or divorced from your child’s other parent, there are a few things you want to keep in mind.
Due to increased awareness and prevention of child abductions across nation borders, there are 101 signatory nation-states to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. In furtherance of this Hague Convention and laws enacted to enforce its intention, the United States Customs and Border Protection requires that both parents be aware and consent to their minor child’s international travel. More specifically, unless the child is accompanied by both parents or unless there is a specific Court Order stating otherwise, the child is to have a notarized letter from the other parent or signed by both parents stating: “I acknowledge that my son/daughter is traveling outside the country with [the name of the adult] with my permission.”
Depending on the destination country, specific countries may have additional laws governing the entry of minor children absent one or both of the parents. It is imperative to make sure you do research related to the destination country to which you intend to travel.
What if I have a joint custody Child Custody Order and the other parent will not consent to the child traveling internationally with me? There are limited remedies available through the law, and a request to travel abroad absent the other parent’s consent may require authorization from a Court. In limited circumstances, a parent may be granted sole legal and physical custody of the minor child that authorizes a parent to travel internationally without the consent of the other parent. However, due to delays in the judicial system exacerbated by the pandemic, you may want to hold on booking any flights until you have confirmed legal authorization to travel internationally with your child.
Make sure you bring up any international travel plans to your family law attorney’s attention. Your attorney can ensure that that the limitations of custody orders and border patrol requirements do not hinder summer travel plans. Oh yeah, and enjoy your vacation!
If you would like to learn more about custody orders and international travel, our Modern Legal Team 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.
Written by: Theresa E. Viera
