Can I Take My Child Out of the Country after my Divorce?

July 25, 2013  |  Elizabeth A. Schading

There may be limitations on international travel involving your children.
You’ll usually need the other parent’s signed authorization just to get a passport for your child if your child is under the age of 16. There is a specific state department form that has to be filled out, signed, and notarized. The form, DS30-53, is only valid for three months.
A written court order may sometimes substitute for the other parent’s permission. These are domestic rules.
Some countries require additional documentation at the border. Specifically, many will require a notarized statement with the other parent that you have permission to travel out of the country with the child.
This statement often has to have additional information, like the specific dates that the other parent is authorizing you to be out of the country. You will not, for example, be able to simply decide to extend your vacation after the fact.
These rules are in place to prevent parental kidnapping across international lines. They may seem cumbersome, but they protect you as well.
You should also check with your airline to see if they have rules of their own.
If you can’t get permission from either your spouse or a judge then there’s little that can be done. You’ll have to resign yourself to vacationing inside of the country on those occasions when the child is staying with you. Or you’ll have to take your international vacations during your ex’s parenting time.
At Barna, Guzy, and Steffen we handle family law issues like this one on a regular basis. We’ve been trusted Minneapolis area family attorneys for over 75 years. If you want to put the weight of experience on your side while navigating your divorce, child custody, and parenting time issues then call us today for a free consultation.