Summer is right around the corner, and while Florida is a prime destination, you might be thinking of an overseas trip with your kids instead of the local beach.
In Florida, most parenting plans include standard provisions for out-of-state or international travel. Usually, either parent is allowed to travel if they give enough notice and an itinerary to the non-traveling parent.
Nevertheless, it is always best to check your divorce and timesharing (formerly known as custody) documents. Some agreements explicitly allow international travel. If not, you must take additional steps to avoid legal trouble.
Can you modify the agreement to include international travel?
If your divorce or timesharing agreement does not allow or address international travel, you may need to ask the court to modify it. You can do this by filing a supplemental petition or a motion with the court asking the judge to permit international travel.
What if the non-traveling parent objects to the trip?
It is not uncommon for parents to disagree about taking children on international trips, especially when the non-traveling parent is concerned about safety and child abduction. In such cases, you may need to ask the court for help.
A judge has the authority to order the surrender of the child’s passport if the parent and/or the trip will pose a significant risk to the child. On the other hand, a judge can also require the other parent to consent to the travel.
Ultimately, their decision will depend on several factors, such as:
- The traveling parent’s citizenship status and ties to the U.S.
- The safety and stability of the destination country
- How long the trip will last and its impact on the other parent’s parenting time
Each case is unique, and the decision will depend on your particular circumstances. That said, consider consulting a child custody attorney who can guide you through this process.
Do you need to do anything else if the other parent gives consent?
Verbal agreements do not hold up in court. If the other parent gives their consent, it is highly advisable to get a signed parental permission form from them.
This way, you have proof of the other parent’s consent, which can be useful if they change their mind later on or the authorities ask for proof of your relationship with the child.
International travel can be a great way to make new memories with your child. With proper knowledge and preparation, you can make it a trip to remember while remaining compliant with your parenting agreement.
