International Travel with Children After Divorce
Divorce or separation brings many changes, and when international travel with children is involved, extra precautions are necessary. Ensuring that both parents are aware of travel plans, understanding passport requirements, and being mindful of international laws are essential to protect your children and prevent potential legal complications. This post outlines key considerations for Illinois parents contemplating international travel with their children after divorce.
Parental Consent and Travel Notification Before International Travel
In many situations, especially when a parenting plan is in place, it’s vital that both parents are aware of and, ideally, consent to international travel with their children. Even if your parenting plan doesn’t explicitly require it, open communication about travel plans is always the best practice.
Your parenting plan might include specific clauses about international travel, requiring written consent or notification. Review your plan carefully to understand your obligations.
Regardless of legal requirements, inform your ex-spouse of:
- Travel dates and itinerary
- Destination(s)
- Contact information while traveling
- Travel companions
And get written consent. Obtaining written consent from the other parent can provide an extra layer of protection, especially if there are concerns about international child abduction.
Passport Requirements Before International Travel
Passports are required for most international travel with children after divorce. There are several steps:
- Passport Applications: Both parents typically need to appear together when applying for a passport for a minor child. This requirement is designed to prevent one parent from taking a child out of the country without the other parent’s knowledge or consent.
- Passport Validity: Ensure your child’s passport is valid for at least six months beyond your intended stay. Many countries have this requirement.
- Passport Copies: It’s a good practice to share copies of your child’s passport with the other parent.
The Hague Convention: Safeguarding Children After Divorce
The Hague Convention on the Civil Aspects of International Child Abduction is a treaty that helps facilitate the return of children who have been wrongfully removed or retained in a foreign country. The Convention aims to deter international parental child abduction and establish a legal framework for the prompt return of children. The Convention is effective between countries that have signed and ratified it. It’s extremely important to be aware of whether the country you plan to visit has a reciprocal agreement with the United States. Traveling to a country that is not a signatory poses a heightened risk of international child abduction. If you travel to a non-Hague Convention country, recovering your child if they are wrongfully retained can be very difficult, expensive, and may involve complex legal battles.
Protecting Your Children’s Well-being
- Prioritize Safety: Always prioritize your children’s safety and well-being when planning international travel.
- Legal Advice: If you have concerns about international travel or are unsure about your legal rights and obligations, seek legal advice from an attorney experienced in family law and international child abduction prevention. Most attorneys will charge for this advice.
- Documentation: Keep all relevant travel documents organized and easily accessible.
Divorce and International Travel in the Metro East
If you are a divorced parent in the Metro East (St. Clair County, Madison County, and surrounding areas) considering international travel with your children, it’s essential to be proactive and informed. If you need a parenting plan as part of your divorce, contact my office. I routinely draft provisions to allow children to travel internationally after divorce, and am well-versed in the requirements of the Hauge Convention. Let me use my 20+ years of legal experience to draft your divorce so you have money left to travel with your chidden.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. It is essential to consult with an attorney to discuss your specific situation and legal option