Permission to Travel With Child Out of Country

by Anonymous from Florida

I have an established order from the court to be able to travel with the child within certain boundaries. I would like to travel with my child to my country of origin for personal business and vacation.

In my paperwork it states that I need the other party's written consent to be able to do so, however, without much avail, I have been unable to get any response from the other party.

Is there a form that I can ask for the judge to sign off to force the other party to sign or have a judge sign on the order so that I may travel out of the country with my child.

Answer to Florida Child Custody Question

Dear Anonymous,

If the court order states that you may only travel within certain boundaries with your child, then you must petition the court for a modification of that order.

Usually, travel restrictions are within the Parenting Plan. In some cases, where no Parenting Plan was filed, travel restrictions are part of the Final Order of Dissolution of Marriage.

If the other party attends the court hearing and makes a compelling argument as to the reasons you should not be allowed to travel with your child to your country of origin; then you must present a counter argument persuading the judge that there are reasons to take the child there.

Judges are very aware that parental child abduction occurs. Taking a child to another country, makes it more difficult for a U.S. judge to order a child be returned. Within our borders, it is not so difficult.

Also bear in mind, that if your child does not have a passport in his/her name, one will be needed. Children may not travel on their parents' passports.

Even infants need their own passport. A consent from the other parent is required to obtain a U.S. passport for a child. You can download the Travel consent form here and you may apply for a child's passport (under 16 years of age) at the Bureau of Consular Affairs, U.S. Department of State, here. If you already have a passport for your child, you should also get a Child Travel Consent form. For those who would like to get your visas and passports expedited, we recommend VisaHQ.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

Legal Match LogoIf you need legal advice, we recommend LagalMatch's free Lawyer Referral Service. Many lawyers offer free initial consultations. Get the legal advice you deserve.
Free Family Lawyer Referral

You Are Here → › Permission to Travel With Child Out of Country

Comments for Permission to Travel With Child Out of Country

Click here to add your own comments

Permission to Take Child Overseas
by: Anonymous from Florida

I'm separated from my wife but not divorced yet, DCF gave custody to my wife and I have visiting rights. Doesn't she need my permission to take our children out of the country or on a cruise?

All I need to know is if my ex-wife is required for me to sign a permission form to allow our kids to travel outside the country. We are still married but separated and DCF gave her custody but I have visiting rights.

--Yes, if the custody arrangement is Shared Parental Responsibility then both parents should consent to travel. Did you complete a Parenting Plan? Travel agreements are thoroughly spelled out in that document.

Do your children already have passports or passport cards? There are very few places left that U.S. citizens may go without one or the other. Passport cards may be used in some parts of the Caribbean, if they are traveling by vessel.

If traveling by plane a regular passport is necessary. Both the passport card and a regular passport require consent of both parents. --Staff

Taking A Minor Out Of Country
by: A Good Friend from Sumter County, Florida

If a parent has sole custody from a Georgia divorce 2008 or 2009 but now resides in Florida and father has supervised visitation but the mother will let the daughter stay only when he pays child support but now she is planning a trip to go to Turkey because she met a guy over the internet. She plans to move there sometime this year too.

This woman is my ex-roommate and I don't feel she is a fit parent. I am trying to help the daughter (13 yrs old) and the father out... what can he do and what are his rights... can the Mom take her out of school for 2 weeks to go meet some guy from the internet?

--First, as a practical consideration, does this child have a passport? Minor's passport applications require the signed consent of both parents. And second, a two week trip out of the country, in my opinion, is likely more educational than any two weeks spent in school.

I recall my parents taking me out of school as a child for family vacations, and it didn't seem to set back my education at all. I agree, however, that traipsing across the planet with daughter in tow to meet someone doesn't sound like good parenting.

I would find the mother's plan to move to Turkey far more problematic than going there for a visit. There are actually a number of things that the father can do. He can request that the court order the mother to post a monetary bond to insure that she does not disappear into a foreign country and never return.

He can ask the court to order the mother not to take the child with her on her adventure to Turkey, and instead leave his daughter in school and in someone else's care.

He can ask the court to confiscate the child's passport if the child already has one, so she's not able to leave the country. But, the court may not grant any of the father's requests unless and until he gets current and stays current on his child support. --Staff

Court Order for Passport
by: Anonymous

The passport agency is giving me a hard time regarding my sons passport. I have had complete physical custody of him since birth. I have done it all. I have explained over and over the reason his father is not involved yet they want a court order.

Long story short the name on his birth certificate is my ex husband but he wasn't father due to being separate for three years. The biological could not sign the birth certificate. Both men aren't in the picture. So how do I get a court order saying I can take my son out of the country? What will that cost?

--You say ex-husband. You have already divorced? If so, you will probably need to file a modification, and request an order establishing full parental responsibility. See our modification page for more info. --Staff

Click here to add your own comments

Return to Custody Questions 2015.