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
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
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.
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