Traveling with children after divorce

A Wisconsin parent who has been through a recent divorce may face a variety of difficulties when trying to take a child abroad. If children are younger than 16 years old, both parents must be present when applying for a passport. However, if the couple is divorced, one parent may be present if he or she can prove sole custody. It is also possible for the non-custodial parent to be present if he or she has a court order permitting a specific international trip.

It can be hazardous to allow a child to travel in some cases, especially when the non-traveling parent does not trust that a former spouse will return the child by the appointed date. In some cases, a parent may try to leave the United States with no intention of return in an effort to avoid the terms of child custody and visitation agreements. Child custody rulings made in the U.S. are very difficult to enforce once a parent and child cross the border into another court’s jurisdiction.

However, there are some steps a parent might take to ensure that a former spouse adheres to the terms of child custody agreement. For example, the non-traveling parent may request a ne exeat bond. In such cases, the traveling parent posts a bond and informs the court of the return date for the trip. The bond is in the amount that it would cost to pursue legal action against the traveling parent if he or she does not return with the child.

Alternately, the non-traveling parent may wish to consult with an attorney. An attorney may be able to familiarize themselves with the relevant legal actions that might be pursued should an international abduction take place. The attorney could also help a client understand the different ways that he or she might seek to enforce the terms of a child custody agreement.

Source: Forbes, “Take Precautions Before Your Children Travel Internationally With Your Ex-Husband“, Jeff Landers, May 06, 2014