It is common for parents to share custody when they separate or divorce. Most of the time, parents continue living near one another, which allows for regular custody exchanges. Occasionally, one parent might hope to relocate after divorce.
People with international connections, including immigrant parents, might leave the United States to return to their country of origin. Those who share custody of children with someone who has international ties may worry about an international child abduction that deprives them of access to their children.
Can parents prevent international custody conflicts?
The courts can restrict travel options
There are several ways for the family courts to support parents who worry about the possibility of an international child abduction. Generally speaking, both parents have to provide approval for the children to obtain passports in a shared custody scenario.
If the children already have passports, the courts could establish custody terms that require the permission of both parents for international travel. In some cases, the courts may agree to let one parent retain the passport to limit the likelihood of international child abduction.
If a parent leaves the country with the children and does not return them as they should, there are also legal processes available to help reunite the United States citizen with their children taken abroad in violation of a custody order.
Integrating the right terms into a custody order can help parents protect themselves and their children from the possibility of an international parental abduction. Parents who believe an abduction could be a real concern may need to plan proactively to prevent inappropriate international travel.
