Can a parent travel internationally with children without the other parent’s consent?
What happens when one parent wants to take the children overseas without the other parent's knowledge or consent? It is a question many separated, divorced, or even married parents face, and it carries serious legal implications.
The short answer is usually no, not without the consent of both parents. In most cases, a parent cannot take their child out of the country without the permission of the other parent, especially if there is a custody order or agreement in place. Unilaterally taking your children overseas without the other parent's knowledge can be viewed as international child abduction.
1. What Does the Law Say?
If there is a custody agreement or court order, it likely includes travel restrictions, particularly for international trips. Most agreements and court orders require written permission from both parents or, at a minimum, advanced notice before a child can travel internationally.
In the United States, for example, both parents must sign a child’s passport application unless one parent has sole legal custody.
Many countries are party to the Hague Convention on the Civil Aspects of International Child Abduction, which aims to prevent children from being wrongfully removed or retained across borders. If one parent takes or keeps a child abroad without consent, and that country is part of the Hague Convention with the United States, the other parent can request the child’s return through international legal channels.
Taking a child on a spontaneous trip or a family emergency overseas might seem harmless, but without the other parent’s knowledge or approval, it can still carry serious consequences. The best practice is always to get written consent before international travel. Some airlines and border controls may ask for a notarized travel consent form.
2. What Should You Do If You Are Concerned?
If you are concerned that your spouse or co-parent might try to leave the country with your child:
Consult a family law attorney immediately.
In certain circumstances, you can request a court order to restrict international travel or require both parents’ consent.
In serious cases, some parents may ask for the child's passport to be held by the court or a neutral third party.
Consider preventative measures such as adding your child to the Children’s Passport Issuance Alert Program (CPIAP) if the child is eligible for a United States passport.
Include specific travel provisions in your custody agreement.
Parenting across borders can get complicated fast when trust breaks down or legal lines get blurry. Whether you are married, separated, or divorced, it is best to be upfront, communicative and legal-minded when it comes to international travel with children. If you are unsure, talk to a lawyer because the stakes are too high to risk guessing.
Markham Law Firm is home to many expert Attorneys who are well-versed in Family Law and will work diligently to help you navigate your legal needs. If you want to contact our office to learn more about our services, call us at 240-396-4373 or click here.
