Yes, they can, but not without your consent or a court order. If your ex-spouse wants to take your child out of the country, they cannot just buy a ticket and leave. The rules around custody, passports, and international law are strict.
When parents are divorced or separated, international travel is not a simple matter of planning a vacation. Every decision has to line up with custody agreements, court orders, and passport rules. If these rules are not followed, your ex-spouse could face legal consequences.
It’s very important to be informed so you can protect your parental rights. If your ex tries to travel without permission, or if you want to travel with your child, you need to know exactly what the law requires.
What Do Custody and Visitation Agreements Say About Travel?
The first place to check is your custody and visitation agreement. These documents typically outline whether a parent can travel with the child and under what conditions. Often, the agreement requires that one parent must obtain permission from the other before traveling abroad.
In other cases, it may entirely prohibit international travel unless a judge provides permission. Ignoring these rules can result in being held in contempt of court. If your agreement does not address travel, your ex can take the child without restrictions.
In most cases, consent is still required before international travel. In almost every case, your ex-spouse will need your written consent before traveling abroad with your child. This written consent usually has to include the travel dates, destinations, and contact information.
Many countries require border officials to check for this letter of consent before letting a child in or out of the country. If you do not provide consent, your ex must go to court to seek permission from a judge. The judge will look at whether the trip is safe, whether it is in your child’s best interest, and whether it interferes with your visitation rights.
Passport Rules for Children Under Custody Agreements
If your child is under 16, both parents usually must sign the passport application. The only exception is if one parent has sole legal custody; in that case, that parent can apply alone.
If your ex tries to get a passport without your signature, you can stop it by enrolling in the Children’s Passport Issuance Alert Program (CPIAP). This program will notify you if anyone tries to apply for a passport for your child.
If your ex already has your child’s passport but custody agreements restrict travel, they still cannot use that passport without your consent or a court order.
Consequences of Taking a Child Abroad Without Permission
If your ex takes your child out of the country without your consent or a court order, that can be considered international abduction.
Here is what you should do right away:
- Contact law enforcement and show them your custody order.
- Reach out to the U.S. Department of State, Office of Children’s Issues, which handles international child abduction cases.
- Get legal help immediately to start proceedings under the Hague Convention if the country is a member.
Taking a child abroad without proper consent can lead to serious criminal charges for your ex.
Key takeaways
- Your ex cannot take your child abroad without your consent or a court order.
- Custody and visitation agreements control whether international travel is allowed.
- Both parents usually must sign a child’s passport application unless one has sole legal custody.
- Written consent with full travel details is normally required for border checks.
- If your ex takes the child without permission, it can count as abduction.
- Courts can block travel if there is a real risk that your ex will not return the child.
