A child cannot leave the custody without the consent of both parents. Does the child have a passport? If you have primary custody of the child he/she cannot be taken anywhere without your permission. I am dealing with the same situation but I am thankful my son does not have a passport yet!
Do you not want your child to go? Does your child want to go? Is this a great cultural educational experience? Why is it that you don’t want your child to go? Are you afraid that they won’t return?
I am the 2nd wife and we took kids on a 2 wk trip to Germany which they loved. We obtained passports which ex had to sign and had to have notarized statement from ex that she agreed to their being on a trip out of country.
It would be one thing if the ex was a citizen of another country–then you’d have problems.
I think it would be a great educational experience, but I am concerned that they may not come back. New wife has citizenship, a home, and family there. She’s only been in the U.S. for a couple of months for the wedding. Is there any way to give my consent for the passport and still protect myself and my child?
how is your custody agreement written? are there any provisions regarding traveling outside of the country? if not other than refusing to get a passport, it seems like you would have to take him to court.
how great is the risk that your ex is going to run off with your child and not return? have you heard about him desiring to move to this other country?
if you decide to let your child go, you could require daily phone calls.
I think it makes a difference since the non-US citizen is the new wife and not the parent. If it were the father, I’d be worried. Just to be safe, make certain the country in question recognizes our laws.
It is important to have a child custody order that is specific about visitation, including the terms of traveling outside the State or Country. If the order is silent, the noncustodial parent may take the child from the state. The order could also restrict the noncustodial person from removing the child from the State.
Insuring return of child- The statute also authorizes the court to require a bond or other security to secure the return of the child. See50-13.2(c). For example, there was a case that required a bond for a parent to take child to Alaska for 45 days in the summer.
Just to take preventive steps in anticipation of International Abduction (which may not be your concern, but just in case): Be sure you give copies of your custodial order to the child’s school, the passport office, the State department, and the embassy in the country to which you fear the other custodian will abduct the child. You should keep as much information about the other parent such as numbers for driver’s license, passport, and social security card. Keep a current photograph of your child. Be sure your child knows their home address and phone number. Not to put you in fear of abduction, just wanting to give you comfort that you can do something if you are concerned.
Good luck.
Deborah M. Throm
Rosen Law Firm
1829 E. Franklin Street, Bldg. 600
Chapel Hill, NC 27514
919.265.0017 direct
919.321.0780 main voice
www.rosen.com
Email: dthrom@rosen.com
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Raleigh, NC 27607
919.256.1544 direct
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Charlotte, NC 28262
704.644.2531 ext. 100
We have been divorced for 5 years and we have joint custody. I have primary custody. His new wife has a home in another country and they want to take our 10-year-old there for 3 weeks. Any laws about this? Any advice? Thank you.