Help! My Ex Wants to Take Our Child Out of the Country!

Many parents are frightened if they learn that their ex-spouse is planning to take their child abroad. If you are in this situation, you may be wondering if there is anything you can do to prevent this from happening. Whether an ex-spouse can take your child out of the country will depend on many factors. Following are some of the considerations that will impact if they are able to do this:

What does your parenting plan state about international travel?

Some Florida parenting plans have explicit stipulations about taking the child out of the country. If yours has this, you and your co-parent will need to follow the rules set out by the plan. If yours does not have this (many don’t), you will need to consider the additional factors below.

Alternatively, if you are currently in the midst of a divorce in South Florida, ensure that your attorney includes requirements about out-of-state and out-of-country travel in your parenting plan.

Does the child already have a passport?

Scenario 1 – The child does not already have a passport: The US Department of State requires that both parents apply in person for the child’s passport if the child is under age 16. If you refuse to apply for their passport, the child cannot legally leave the country. If you are concerned about your ex-spouse attempting to secure a passport for your child under false pretenses, you can sign up for the Children’s Passport Issuance Alert Program, a program administered by the Department of State, that will alert you if your ex-spouse applies for a passport for your child without your permission.

Scenario 2 – The child already has a passport: If the other parent is planning to take the child to another country during their own parenting time for a brief vacation, you may not be able to stop it. However, if the trip overlaps with your parenting time, then you may be able to prevent the trip on the grounds that it interferes with your parenting time.

What is the purpose of the trip?

Is this a weeklong trip to spend quality time together? Will they be visiting family abroad? Do you believe the child may be in danger if taken abroad? Do you believe that your spouse may be attempting to abduct your child? If you are concerned about the latter two options, you may be able to petition the Florida courts to require your ex-spouse to surrender the child’s passport and seek the court’s permission to retrieve it. To do so, you will need evidence to prove your case as to why you are concerned about the child’s safety or why you feel that your child may be abducted.

The ability of an ex-spouse to take your child out of the country will vary widely based on the specifics of the situation. Call Troy Legal, one of South Florida’s premier family law firms, to learn your rights about preventing your ex-spouse from taking your child out of the country.

Troy Legal, P.A. was founded in 2009 and serves clients throughout South Florida. Troy Legal, P.A., specializes in Marital and Family Law, providing reputable legal services for prenuptial and co-habitation agreements, paternity cases, adoption matters, alimony and child support, time sharing and parenting plans, drafting of qualified domestic relations orders (qdros), mediation services, equitable distributions, collaborative law, post-judgement modification and enforcement, domestic violence cases, and dissolution of marriage or divorce.  Troy Legal, P.A. is dedicated to serving clients through compassionate and aggressive representation, while upholding the highest degree of ethical standards.