Sometimes, parents who share custody worry about international kidnapping. One parent may already have strong ties abroad due to their immigration status, family members in other countries or established business connections.
One parent could take the children abroad and refuse to return them. In such cases, appropriate passport restrictions can limit the likelihood of an international parent abduction complicating shared custody.
Do the children have passports?
Typically, the consent of both parents is necessary for minor children to secure a passport. There is also an expectation that both parents should consent to any international travel planned for the children.
However, airport employees have no real means of validating if the other parent provided consent or the terms of a custody order. If the children already have passports, the parent concerned about the possibility of international kidnapping could request that they hold the passports for the protection of the children. Including that provision in the custody order makes it more difficult for the other parent to travel with the children without consent.
In scenarios where one parent plans international travel to maintain familial connections or help the children learn about their cultural history, the parent holding the passport may choose to withhold the passports until they have proof that the other parent purchased tickets for a return flight. They may also need an agreement in writing regarding the return date for the children to strengthen their case if they must take legal action to pursue the return of their children.
Discussing international custody concerns with an experienced family law attorney can help parents protect their children from a scenario that could remove them from the country and damage many of their most important relationships. The right custody standards limit the likelihood of international parental kidnapping and other cross-border custody complications.
