Summer will soon be here, and with it, the plans for summer vacations. But if your co-parent has plans to take your child(ren) out of the country on vacation, it might give you pause.
You may not want to grant your ex that much access, but in reality, they may already have it. Everything is dependent upon your custody order.
What type of custody do you have?
If one parent has sole custody and the other only has visitation rights, there likely is nothing you can do to prevent your co-parent from leaving the country with the kids on vacation. But if you have joint custody, you have more rights in the matter.
In California, when former couples have shared custody, international travel with minor children — even short jaunts to Mexico or Canada — require the permission of both co-parents.
What if your case hasn’t yet been adjudicated?
Newly separated spouses who haven’t been before a judge yet will need to petition the California family law court for permission to take their kids out of the USA unless their soon-to-be ex-spouse agrees to let the children leave the country.
Even getting a child a passport requires permission from both parents, although signed, notarized permission can be submitted when one parent can’t be present.
Do you fear the child won’t be returned?
It can happen, especially when the abducting parent is from that country and has an extensive network of family and other support systems in their home country.
If you credibly believe that your child will be abducted and kept away from you in a foreign country, share that information with your divorce team so they can prepare for that possibility and offer you the support that you need.