International Travel with a Child after Divorce

In many cases where parents have divorced, they are able to work together to continue to provide for their children and act in their best interests. However, there are times when one parent is bitter over the divorce and attempts to interfere with the relationship between the other parent and the child at every possible opportunity. One of the ways that this manifests itself is withholding reasonable permission for the other parent to travel out-of-the-country on vacation with the child.

When parents make decisions about how to parent their child, they often try to maximize the fun time that they have with their kids. However, if one parent feels like the other parent is garnering favor with the child by taking them on better vacations, he or she may refuse to consent to the trip. When the trip involves international travel, the other parent may have more say on whether or not the travel may happen. There are certain forms from the State Department that are necessary to travel internationally. In the case of a minor child, the parent who is not traveling usually must always consent to the travel or the person seeking to travel must demonstrate that the other parent is not involved in the child’s life.

It is important to think like the courts do, which is to consider what is in the best interest of the children. Many times, a judge will find that international travel and the opportunity to spend time with a parent or other family members who live in another country is important. After weighing whether there is a risk of parental kidnapping, the court often will decide that it is reasonable for a parent to use vacation time to engage in a trip that will lead to lasting memories and a positive experience. It may be possible for the court to provide the one parent with the authority to obtain the necessary forms, and even a passport, without the signature of the other parent.

Although it may seem like the battle to interfere with the travel of the other parent is worth the effort and the expense, it is necessary to question whether the travel is reasonable, whether it interferes with the visitation schedule of the other parent, and whether it is in the best interests of the child. When it is the other parent who is interfering with your travel plans, it is possible that court intervention may enable you to build some wonderful memories with your children.

The Bronzino Law Firm Advocates for Clients and Their Children

New Jersey Family Law Attorney Peter J. Bronzino fights to ensure that his clients get the opportunity to spend time with their children, whether in this country or another. The Bronzino Law Firm is located in Brick, New Jersey. We serve clients in Monmouth County, Ocean County, and the surrounding area. If you have questions about obtaining a divorce in New Jersey, enforcing parental rights, or modifying a previously entered order, schedule a free consultation by calling us toll free at (732) 812-3102.