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Parenting provisions that address travel overseas

If your ex wants to take your children out of the country, you may be concerned about the safety of your children, and perhaps with good reason. The laws are different overseas, and people can find themselves in difficult situations when they travel.

To allay your concerns about your children traveling in a foreign country with the other parent, you may want to make sure you include some variation of the following parenting provisions in your child custody agreement:

  • Parents may use their parenting time to travel overseas with the child. Two weeks before the travel date, the parent must give a detailed itinerary that includes contact information and locations for every place where they will be staying. The parents will also share the necessary travel documentation with one another to allow the child to travel.
  • The parents agree to not file for a child's passport without first getting permission from the other parent, or getting permission from the appropriate court.
  • In case either parent is in possession of the passport belonging to the child, he or she will keep it in a safety deposit box under seal of court.

Children can benefit greatly from traveling overseas in other countries. However, the fact that it can give the nontraveling parent stress is expected. If you expect that you or the other parent of your child will want to go on overseas vacations following your divorce proceedings, be sure to talk to your family law attorney about appropriate parenting provisions to include in your custody agreement. When both parents are on the same page like this, there's much less chance of disagreement and/or legal difficulty later on down the road.

Source: CustodyXChange, "Travel and Moving Provision Examples," accessed Sep. 22, 2017