Are You Struggling to Get Your Co-parent’s Consent for International Travel?
When a co-parenting relationship is strained, it often makes the most benign asks monumentally difficult. Common concerns that our clients raise when they want to travel internationally with their children are either that their co-parent has the children’s passports and won’t release them, or, they need to obtain a passport for their child for the first time and the co-parent will not cooperate.
In the first scenario, the best solution is if your underlying custody or divorce agreement specifies when each party has to release the passport to the other party. So long as it specifies that, you can simply advise your co-parent that if he or she does not comply, you will need to file a Post-Judgment Motion for Contempt and that you will be seeking counsel fees for such.
In the second scenario, if you do not have a Court Order pertaining to the passport, you may either need to initiate a custody action to obtain such an order, or, file a Post-Judgment Motion to Open and Modify to address your concerns. You should look up the requirements for a passport before doing so and consult with an attorney if you have any questions.
Once you do have a passport for your child(ren), it is helpful for the other party to have a copy of such and make sure that you have an agreement going forward as to how each parent can access the passport(s).
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