Traveling With Your Children – During and After Your Divorce

Here is what you need to know about traveling with your child – during and after your divorce.

For International Travel:

  • Passports: If your child is under the age of 16 years of age, both parents must sign the child’s passport. Both parents should also be present when you obtain the child’s passport. However, if one parent is not there, that parent can sign a document giving their consent. If the child is over the age of 16, only one parent has to sign the child’s passport.
  • Children’s Passport Issuance Alert Program: This is a program run by the State Department that verifies that both parents have consented to allow a child to travel with a passport.

For Both International and Domestic Travel:

  • Itinerary (Knowledge) of Travel Plans: The parent who is not traveling, should be provided with the full itinerary of the traveling parent’s travel plans. They should know where the children are going, what airlines and flights they are taking, and what hotels they are taking. They should also know exactly what days that the children will be away from home.
  • Prior notice: In most divorce agreements, you will need to give adequate prior notice to the other parent on the information stated above.

What if you object to the children’s travel plans?

If you object to the children’s travel plans, you should first consult with your attorney. You may be able to present your objections to the Court (typically in the form of an emergency motion). However, in order to succeed, you need to have a very good reason why the children should not be permitted to travel.

One area where you may have a legitimate reason for concern is where there is a reason to believe that the parent is not going to return from their international travel. You should determine if the United States has extradition rights with the destination country or if the destination country is part of the Hague Convention treaty.

David Badanes and the Badanes Law Office, P.C., have provided legal advice and common sense advice to numerous parents about traveling with their children. If you have questions about traveling with your child or you are seeking a divorce, contact: David Badanes, Esq. and the Badanes Law Office, P.C at 631-239-1702, email at david@dbnylaw.com or visit us on Facebook to get important legal news, tips and articles: www.facebook.com/BadanesLawOffice.