I have physical and legal custody over my 8 years old son. He visits his dad every other weekend. Last year we both restricted each other to take our son from the country, this court order expired on January 1 2017. He refuses to renew one of my son’s passports, the one that is required for me to visit my country, however his American passport it’s still valid. Do I need a court order to authorize me to travel with him to another country or go on a cruise using his American passport?
You may need a court order to force the father to agree to international travel, but it is questionable whether or not a judge would allow this if the father does not agree. Your son can still travel with his United States passport but sometimes a parent traveling with a child and not with the other parent can be questioned about the consent of the other parent.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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