Consent to Travel

by Patrick from St. Petersburg, Florida, Pinellas County

Parent taking child out the country without the others permission. I am a child support paying parent and my daughters mother has taken her out of the country to Germany. I have talked with her Grandmother and she has confirmed that she is out of the country.

Is there a Florida statute that requires her to ask permission before-hand?

She has not contacted me (the mother) or have I received any notification from her in regards to this matter. Is there a petition that I can file? There is a hearing Aug.23 for visitation and other matters.

Answer to Florida Child Custody Question

Dear Patrick,

Since you have an upcoming hearing for visitation, you should have filed a Parenting Plan, Supreme Court approved form, 12.995(a) which expresses in detail the parents' agreement as to travel both within and outside the United States.

The Parenting Plan includes agreements for permission before travel, and how long before traveling an itinerary is to be furnished to the other parent.

If the parents have not come to any agreement about visitation or child custody, one parent can file the Parenting Plan as a proposed plan. Following is a part of the Parenting Plan:

The United States is the country of habitual residence of the child(ren). The State of Florida is the child(ren)’s home state for the purposes of the Uniform Child Custody
Jurisdiction and Enforcement Act.

This Parenting Plan is a child custody determination for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act, the International Child Abduction Remedies Act, 42 U.S.C. Sections 11601 et seq., the Parental Kidnapping Prevention Act, and the Convention on the Civil Aspects of International Child Abduction enacted at the Hague on October 25, 1980, and for all other state and federal laws.

In reading your question, it sounds like you believe your child's mother plans to return to the states for the court hearing.

At that time, depending on your specific situation, you might ask the judge to order your child's mother to surrender her passport until child visitation and custody has been established.

You may also be interested in reading our answer to a recent visitor's question regarding consents to travel out of the country with a minor child at this page.

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.

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