Are you planning an overseas vacation with your child? Amidst the trip planning, packing and ticket buying, there is one more thing to consider if you are a custodial parent—do you need permission from your coparent to take your child out of the country?
The answer varies. Here’s what you need to do.
Review your custody agreement or court order
Your custody agreement or court order may specify how to handle international travel with your child. Some agreements require both parents to consent to overseas travel, and if this is the case, you need permission from your former spouse.
On the other hand, if you have any specific court orders prohibiting international travel, you need to follow them. These orders usually exist in cases where there is a risk of one parent abducting the child or the custodial parent is a flight risk.
If you are unsure whether you need permission, consulting an attorney can help you avoid legal consequences for violating your custody agreement.
Get written consent from your coparent
If you do need to get permission from the other parent, it’s best to have it in writing. Parental consent can be as simple as a letter stating that they agree to the travel, including the details of your trip, and signed. Depending on local laws, you may need to get this notarized.
In some cases, you may need to use a standard parental consent form for international travel. You can get this online or from your attorney.
Always check your child custody documents
These documents will likely contain the rules you need to follow regarding travel. While obtaining consent from your coparent is sometimes easier said than done, it is an absolute must to make sure you adhere to the agreements.