Are you planning an exciting vacation abroad with your child? Do you need permission from your co-parent? There are many ins and outs regarding international travel with children. As parents, we worry about many things, from ensuring all luggage arrives to what if my child gets sick and needs to see a doctor on vacation in another country. However, traveling abroad can be especially tricky after a divorce or separation, making the actual travel part seem daunting. But not to worry- traveling abroad doesn’t have to be a painful or unattainable feat. Our team of Texas child custody lawyers can help you with that. We have broken down the concept of international travel as a co-parent, including the key points and steps involved and what you need or don’t need from the other parent.
What Does the Texas Family Code Say About Custody and International Travel?
Right out of the gate—or should we say well before you’re sitting at the boarding gate trying to remember that one thing we always forget to pack—it’s critical to understand the rules and regulations surrounding international travel with children. These can vary depending on various factors, from circumstances to destinations. However, there are some general guidelines that can help you navigate the process smoothly.
Texas goes first by whatever is in any existing court order or custody agreement as they will outline agreed-upon times of possession. If the trip is during such a time, typically, you can travel, even internationally– so long as no other provisions are in place regarding international forms of travel. However, your court order may object to such travel or include stipulations like providing minimum notice to the co-parent before traveling. Further, you may face an injunction filed by the co-parent against the proposed international travel. As you can see, court orders can contain many impactful components concerning conservatorship, co-parenting, and travel.
You May Already Have Your Answer: Review Your Agreement
If you have a court order or a formal agreement in place, it’s not just a document; it is a crucial tool that determines the rules for international travel. Look for any terms related to international travel or periods of access and possession. Many agreements include provisions on this topic, such as requiring both parents’ consent or outlining specific procedures for obtaining permissions. These terms can greatly influence your travel plans, so being aware of them is crucial. Your seasoned Houston child custody attorney can carefully comb through existing court orders or custody agreements to identify consequential or contradictory elements.
Requesting Approval from Co-Parent
When there is no explicit language regarding such travel in your conservatorship agreement, the default rule is typically for both parents to consent to the child’s trip abroad. If you wish to take your kid on a trip overseas, you will likely have to obtain permission from your co-parent. When co-parent communication is flowing without obstructions, getting permission to travel may be as simple as finding the time to sit down and chat, going over vacation plans and dates, and ironing out the details together. However, in some cases, discussions go differently than intended, and you may find yourselves running into some turbulence.
Trouble on the Runway: Objections
If your co-parent is uncooperative and refuses to consent, what is the next step to making your prospective trip abroad a reality? You may want to consider why the other parent is protesting. If it’s just a scheduling conflict, consider adjusting the vacation dates. Alternatively, there may be genuine concern for the child’s safety during the trip. Talking over vacation plans and taking precautions may be just the ticket to smoothing out details, calming the co-parent’s nerves, and getting you the green light. However, sometimes, the parent protests unjustly out of spite, or there is a preexisting communication flaw or barrier, resulting in a disagreement. In such cases, you may need to seek approval from the court. You will usually need to file a petition or a motion with the family courts and present your case before a judge.
The Court Perspective and Determination
When considering whether or not to grant a parent the permission they seek, courts always fall back to their core responsibility, the child’s best interests, above all else. For example, the judge will take into account factors such as the purpose of the trip, the child’s relationship with both parents, and any potential risks or concerns associated with the travel destination. When these matters go before a judge, presentation, and delivery are critical to a favorable outcome. You will want a legal advocate by your side. If informally discussing these matters did not bring a resolution; mediation can help co-parents arrive at fair agreements. If court proceedings typically are swifter and smoother when the judge has some or all of the concerning provisions already agreed upon during mediation in front of them. Aside from just overall permission to travel, you may wish to evaluate factors like duration of vacations, what party is financially responsible for the trip, procedures during emergencies on vacation, communication with the child and co-parent during the trip, destinations, and more.
Communication is Best
In addition to the legal considerations, communication must flow openly and honestly with the co-parent about your intended travels. Even if you are not legally required to obtain consent, keeping them informed and involved in the decision-making process should be good practice for positive co-parenting and co-parent relationships. Moreover, when traveling internationally, other countries and international airports may have different requirements. For instance, if you and your child do not share the same last name, you could meet a strict customs or border agent, even at a layover airport, while going through security. Even if you did not need permission to travel, you may still want to ask the co-parent to agree to sign a consent form to travel. These steps can save you from stressing out in the middle of an airport in a foreign country.
Passport Considerations
Does your child have a current passport? Going on an international trip differs significantly from domestic travel, especially in terms of travel requirements. Specific procedures and conditions are involved in successfully acquiring a passport for your child. In most cases, both parents must consent to the application for a child’s US passport for minors under 16. If your co-parent refuses to provide their consent, you will again need intervention from the court. Preemptively booking airline tickets, hotels, and other aspects of an overseas trip before consulting with the other parent may be a considerable gamble of your time, effort, and finances.
Ultimately, the key to international travel with your child, in a co-parenting family, is careful planning, clear communication, and a willingness to cooperate with your co-parent. By working together and putting your child’s best interests first, you can ensure that your travel experiences are enjoyable, safe, and memorable for all involved.
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