Shared custody can create a number of challenging situations, including the possibility of parental abduction. One parent might resent the need to share custody and could attempt to leave the jurisdiction with the children.
If one parent has ties to another country, the risk of parental abduction becomes a much more serious matter. Despite international compacts allowing for the return of children taken abroad without parental consent, preventing an international child custody dispute is obviously better than addressing it after it arises.
Addressing child passports in a custody order can limit the likelihood of an international abduction.
Keeping the passports prevents unauthorized travel
When children already have passports, a parent concerned about international child abduction can ask to keep the passports in storage to ensure the compliance of the other parent with all custody order provisions. The other parent cannot travel with the children without first getting consent from the other parent and then securing the passports.
They cannot replace the passports without the consent of the other parent either. Proactive steps taken to prevent international travel and the possibility of a parent abducting their own children to avoid sharing custody can help parents feel more confident about sharing parental rights and responsibilities with someone who has clear connections to another country.
Asking to retain passports is a reasonable addition to a standard child custody order if a co-parent has ties abroad. Parents concerned about unusual complications, such as international child abduction, may want to discuss possible protections and solutions with their lawyers before they finalize custody arrangements.
