Executive Summary:
International travel during divorce can create unexpected legal challenges, especially when parents share custody. Many New York parents assume they can plan a trip abroad without complications, only to discover that court orders, custody agreements, and passport requirements can impact their plans.
We break down what you need to know about traveling internationally with your child during divorce, including legal requirements, steps to protect your rights, and how working with an experienced New York child custody attorney can help you avoid costly mistakes and keep your travel on track.
Traveling Internationally with Kids During Divorce
The answer depends on your child custody arrangement. If you have sole legal custody, you may be able to travel during divorce without the other parent’s permission. But if you share custody, you’ll likely need their consent or a court order before leaving the country.
Courts in New York prioritize the child’s best interest. You’ll need to prove that the trip won’t interfere with parenting time or cause harm to your child’s relationship with the other parent.
What You Need to Do Before Traveling Internationally with Your Child
If you’re planning an international trip with your child during divorce, it’s important to follow the right legal steps, especially if you share child custody or have a detailed parenting agreement in place. Overlooking even one requirement can delay your plans or lead to serious legal consequences.
Step 1: Apply for a Passport the Right Way
Minors must have a valid passport to travel internationally, and in most cases, both parents are required to sign the application.
You’ll need to provide:
- Proof of sole legal custody, or
- A court order allowing international travel
- Your child’s birth certificate
- Photo ID for both the parent and child
It’s important to note that even if your child already has a valid passport, the non-traveling parent most likely still has the right to be informed of any international travel plans.
Step 2: Review Your Child Custody Agreement Before Booking
Before you book anything, double-check your divorce or child custody order. Some court-approved agreements include restrictions like:
- No international travel during divorce without written consent
- Travel during divorce allowed only during school breaks or holidays
- Specific limits on how far you can travel during divorce with your child
If you don’t see a clear answer in your agreement, consult your attorney before proceeding. You may need to file a child custody modification to include travel terms, or prevent your ex from blocking your trip.
Tip: Always carry a copy of your custody and divorce orders while traveling internationally. They can be critical if you’re questioned by border agents or airport security.
Step 3: Notify the Other Parent of Travel Plans
Even if you have permission to travel, it’s best practice to provide your ex with:
- Travel dates and return schedule
- Destination and lodging info
- Copies of flight confirmations or itineraries
- Emergency contact numbers
This isn’t just about courtesy: it can also prevent accusations of parental kidnapping or child custody interference.
For example: Let’s say you plan a trip to France, but your ex had already enrolled your child in summer camp. Without communicating, you could face legal trouble or disrupt your child’s planned activities.
Step 4: Create a Communication Plan for Your Child
It’s hard on kids to be away from one parent for long periods of time, especially during a divorce. Set up a plan that allows them to stay in touch, such as:
- Daily FaceTime calls
- Scheduled texts or emails
- Updates via WhatsApp or similar apps
Failing to allow communication may not just upset your child, but it could violate court orders or trigger legal action.
What If the Other Parent Won’t Agree to Travel?
If your co-parent refuses to give consent, you have legal options:
- Ask the court for temporary travel permission
- File a motion to modify your child custody agreement
- Provide evidence that the trip is in your child’s best interest (such as a family event, cultural experience, or educational opportunity)
In contentious cases, having a skilled child custody attorney on your side can make all the difference.
Traveling for Relocation? That’s a Different Process
If you plan to move internationally with your child permanently, it involves a completely different legal process. New York courts take relocation requests very seriously, especially if the move impacts the other parent’s ability to spend time with the child.
Talk to an attorney as early as possible if you’re considering relocation.
Work with a Trusted Child Custody Lawyer Before You Travel
Don’t let a lack of preparation derail your travel plans or create unnecessary child custody issues. At Brian D. Perskin & Associates P.C., our attorneys help parents across New York understand their rights and stay protected while traveling during or after divorce.
With offices in Manhattan and Brooklyn, we’re ready to fight for your family’s future—and your freedom to travel.
Call 1-800-DIVORCE or contact us online to schedule your consultation today.