You may be able to take your child on an international vacation. However, before you leave, you have to take proactive legal measures to prevent misunderstandings with your ex-spouse. Most importantly, you have to review your parenting plan and time-sharing schedule for any provisions governing out-of-state or international travel.
What does your parenting plan say about travel?
In a Florida divorce, separating couples usually add international vacation and travel clauses to their time-sharing agreement. You can check if you have such a clause in place. If your agreement lacks one, you can obtain notarized written consent from your ex-spouse. If the other parent refuses your request, you can seek permission from the court. Understand that verbal agreements will prove unhelpful in court if a dispute arises in the future.
Seeking a passport for your child
For children under 16, the U.S. Department of State requires the consent of both legal parents to apply for a new passport. If your ex-spouse cannot be present physically for the passport application, they can show their consent by providing a notarized statement of consent and other relevant documents. If the other parent will not provide the required passport consent and no existing exception applies, you may obtain an appropriate court order. Exceptions may apply when a parent has sole legal custody.
Plan for travel documents and notice requirements
You could enjoy an overseas trip with your child if you comply with the applicable court orders and passport requirements. International travel during parenting time can involve advance planning for transportation, documentation, notice and the child’s schedule. If you ever feel unsure about your boundaries or your father’s rights, a family law attorney can guide you towards a legally secure and stress-free getaway.
