International Travel After A Divorce

Readers in Texas may be interested in a recent article that discusses international travel with a child after divorce. The report suggests that parents who might be involved in contentious custody agreements may need to take extra precautions when allowing a former spouse to take a young child abroad.

Many individuals may find international travel more accessible than it has been previously. This has given many people, including children, the ability to experience other cultures. However, when a former spouse asks to travel internationally with a couple’s child, the non-traveling parent may be apprehensive for a number of reasons. In some cases, a parent may try to move a child out of the jurisdiction of standing custody agreements, making the terms of the pact difficult to enforce.

In simpler terms, the QDRO makes it so a provider is ordered to make direct payments to the former spouse of an individual covered by their plan. The QDRO document must be submitted to the plan administrator and be accepted by such.

However, there are a number of safeguards that limit a traveling party’s ability to relocate the child without permission. For example, when applying for a passport for a child under the age of 16, a parent must either be able to show proof of sole custody or have a court order allowing international travel. Additionally, parents can also enroll their children into the Children’s Passport Issuance Alert Program, which notifies a parent if a passport is requested in his or her child’s name.

When a parent allows a former spouse to travel with their children, it might be prudent to use a ne exeat bond. By posting a bond amount that is about equal to the cost of litigating an international abduction case and registering travel dates and locations with the court, the traveling parent provides the non-traveling parent piece of mind during the trip.

Child custody disputes can make things like international travel tricky for some families. However, a lawyer who is familiar with family law could help a client understand the different resource he or she might use to ensure that a child is returned after traveling abroad with a former spouse.

Source: Forbes, “Take Precautions Before Your Children Travel Internationally With Your Ex-Husband”, Jeff Landers, May 06, 2014

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