After a custody order is in place, you might be wondering if your ex-spouse can travel out of the country with your child. Without your consent, a court order allowing international travel, or permission from the court, the answer is usually no. Traveling with children after divorce can present more challenges than you’d expect. Leaving the state and especially leaving the country can create problems if you or your ex-spouse do not follow the right steps.
When sharing custody with the other parent, it is essential to understand the rules and limitations around out-of-state and international travel. Making travel plans only to learn they’re not permitted can be frustrating, and it can be even more concerning if your ex intends to take your child out of the country without your consent. Being informed about these guidelines can help prevent misunderstandings and protect your parental rights.
The experienced New Jersey child custody lawyers at the Law Office of Jennifer J. McCaskill, LLC, can help you handle these situations. It is crucial to know your legal rights when your ex-spouse makes travel plans with your child.
Does New Jersey Law Allow Parents to Leave the Country When a Custody Order is in Place?
The state of New Jersey has jurisdiction over children living in the state and is bound by court orders on custody and visitation. Typically, you can’t leave New Jersey without a court order allowing the travel or consent from the other parent. Even for weekend trips to a neighboring state, permission from the court or the other parent is required. Otherwise, you could be found in contempt of court or even charged with parental kidnapping.
Travel plans outside the country must be done well in advance if a custody order is in place. If your spouse plans to travel internationally, they need your written consent. Otherwise, they would need a court order allowing international travel. To obtain the court’s permission, a parent will need to file a motion requesting a court hearing on the request to travel out of the country.
In New Jersey, this motion must be filed at least 24 days before a court hearing on the issue–meaning the parent planning the trip must prepare well in advance to get the court’s permission.
If your ex-spouse has not obtained your consent or obtained a court order allowing travel out of the country, they could face serious legal consequences. The bottom line is that neither you nor your ex can take your child out of the country without a written agreement or court order regarding the trip.
What this means is that whether the other parent is planning a trip, or you wish to travel outside of the U.S. with your child–planning should be done months in advance to avoid legal issues.
Does My Ex Need My Permission to Get a Passport for My Child?
If your child is under age 16, both parents are required to sign a child’s passport application. If either parent has a court order granting sole custody, they do not need the other parent’s signature. In all shared custody arrangements, however, the U.S. Department of State will require the signed consent of both parents.
Thus, your ex-spouse will not be able to obtain a passport for your child unless they have sole legal custody or your signature on the passport application. If you think your ex-spouse is trying to get your child a passport without your permission, the State Department offers the Children’s Passport Issuance Alert Program (CPIAP). Through their system, you’d receive alerts if anyone, including your ex-spouse applies for a passport for your child.
Contact a Monmouth County Child Custody Lawyer Today
Whether you plan to travel with your child or your ex-spouse plans to travel out of the country with your child, there are certain rules in place. Your ex-spouse cannot take your child out of the country without permission from you or the court holding jurisdiction over the child. If you have questions about the process or concerns about the other parent’s travel plans, the experienced Monmouth child custody lawyers at The Law Office of Jennifer J. McCaskill, LLC can help. Call our law office today to schedule your consultation.
Contact an Experienced Monmouth County Child Custody Attorney at The Law Office of Jennifer J. McCaskill, LLC for Legal Advice
To learn more and get the help you deserve, call our divorce & family law firm in Red Bank. NJ at (732) 747-1882 or contact us online today.
We’re standing by to provide you with top-rated legal services. Contact us today to schedule a free consultation with our Monmouth County Child Custody Attorney. Our firm is located near you. We have an office in Red Bank at 157 Broad St #111, Red Bank, NJ 07701, United States.
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