Overseas Travel and Passports

 

It is required that a non-custodial parent get written consent when traveling with a child overseas a custodial parent does not need consent. Most lawyers don't know this, in fact I had four lawyers and none were familiar with these issues.  This information is available in detail from the US State Department.

 

http://travel.state.gov/family/abduction/abduction_580.html

 

If your spouse has dual citizenship or had citizenship from another nation before coming to the US, you should learn these issues inside and out. A special section related to passports and foreign travel should be added to your decree. It's best to state that the passport and letter of consent be delivered by mail to you 30 days prior to a trip. Who will hold the passport when the child is not traveling?

 

A parent with custody can leave the U.S. with a child and a valid passport, travel to a non-Hague nation and never return. They don't need the permission of the non-custodial parent. Their right to leave is protected by the law and stopping them may take judge's orders which may take weeks to obtain. Finding an open court date for this issue to be heard can often take weeks or months.

 

Many of these nations are poor. They can cash out credit cards and bank accounts, generating cash and they can leave their debts behind them including the huge attorney fees.  I have met many men who have married women from 3^rd world nations.

 

Winning a substantial settlement and taking it to a nation where the money goes much farther can be a real risk.  It's really not difficult to generate $10,000 or more from credit cards, http://www.NationMaster.com provides some useful statistics just how far US dollars might go in another country.   Retrieval of an abducted child is both emotionally and financially devastating.