Separation agreement and international travel


#1

First, you will need to put your custodial agreement in a court order and not in a Separation Agreement. You can do a consent order and enter it with the court and litigation will not be required. You will need to find out if the country she intends to visit is a signatory on the Hague Convention, if that country is, they will assist you in enforcing your custodial rights, if your Wife should take your child to that country and refuse to return. The Hague cannot help you if custody is not in a court order.

You may find out if her home country is a signatory on the Hague by looking at this website:

travel.state.gov/family/abductio … _1487.html

Helena M. Nevicosi
Attorney with Rosen Law Firm

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#2

My wife and I are starting to work on a separation agreement. She is a citizen of another country, has a passport from there, all of her family is there, etc. We have a young son. Although she has repeatedly indicated that she would never take him there and not come back - and I generally believe her, I’d never forgive myself if I didn’t put in some stipulations in the separation agreement and something happened.

What are reasonable provisions related to this for a separation agreement? I have seen others indicate that bonds may be required if she was to take him out of the country but I don’t feel comfortable with that since she doesn’t have much money and if she defaulted on it, who’s going to be responsible for helping me find and bring back my son?

I am thinking that I need something that is enforceable in both countries. Is this unusual/difficult to obtain or does it mostly depend on what the other country is? It is large country in S.A.

I currently have his passport and birth certificate and I know that she would need my signature to apply for new documents so I’m covered in the short term at least.