Traveling with your child after you and your spouse have split up can come with some added stress. [link to Traveling with Your Child During and After Divorce] While married, you either went on vacations together as a family or, if it was just you and your child, travel presumably didn’t provoke arguments with your spouse. Unfortunately, during and after divorce, travel can become another area of conflict. Even if you and your ex-spouse are successfully co-parenting, there can still be details you never thought of that can interfere with or delay your plans to go away. One of these issues is who holds your child’s passport.
Parenting Agreement
Parents can include provisions in their parenting agreement addressing passports. Both parents have the right to hold the child’s passport, but since there is only one copy, only one person can possess it at a time.
Once parents agree on who gets it first, the agreement can provide that the last parent who traveled internationally keeps the child’s passport until the other parent needs it.
Another option where there are multiple children is for one parent to hold one child’s passport, and the other parent holds the other child’s passport.
Whatever the arrangement, having it in writing is important to avoid disputes later.
Making Travel Arrangements
All trips should be discussed well in advance to minimize conflict. The parenting agreement likely includes basic details regarding vacations, such as the amount of time each parent is entitled to spend with the child during school breaks. However, parents will need to agree on dates and let the kids know, so they have the security of knowing what their plans will be.
In addition, the traveling parent should provide information on the destination, flights, hotels, duration of the trip, and general information on the child’s daily activities. Every detail doesn’t need to be included, but the other parent should know enough to be able to discuss the trip with the child.
Parental Obligations Regarding Passports
If the parent planning the international trip doesn’t have the child’s passport, the other parent cannot unreasonably withhold the passport or other documents needed to travel. Further, the passport and documents must be provided within a reasonable time before the trip in order for the traveling parent to make arrangements and fill out paperwork.
Parents should cooperate in renewing their child’s passport every five years. Courts consider it in the best interests of the child for parents to ensure the child’s passport is up to date and turned over to the traveling parent when needed.
Concerns About Abduction
Sometimes, a parent wants to withhold a passport out of fear that the other parent will abduct the child or fail to return the child after the vacation. If you have concerns about your ex, it is crucial to speak to an experienced family law attorney immediately to discuss how to proceed.
If you are considering divorce, contact us to learn how we can help you achieve a positive result for you and your family.