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Can You Prevent an Ex-Spouse from Taking Your Child Out of the Country?

On Behalf of | Jan 26, 2022 | Child Custody and Visitation

Can you prevent an ex-spouse from taking your child out of the country during or after a divorce in San Diego?  There are several valid reasons for concern when a former spouse wishes to take your child(ren) out of state or out of the country.  This is especially true if the child’s other parent is a citizen of another country or has extensive family outside of the United States.

The first step to prevent an ex-spouse from taking your child out of the country is to ensure the Court issues specific orders as part of child custody and parenting time or the parenting plan limiting international travel.  Usually, the Court will require travel plans to be submitted and approved by the Court and/or at least acknowledged or approved by the other co-parent.  If you hear rumors of international travel it may be necessary to contact the experienced Certified Family Law Specialists at Burke & Domercq to gain quick access to the Court and seek an order to prevent a child from leaving.

The next step is to ask for any existing passport for the child(ren) to be surrendered to the Court.  This strategy requires the other parent to approach the Court and request the return of the child’s passport prior to travel preventing an unannounced removal of a child from the US.  If the other parent does not agree with this request you may be required to provide substantial evidence of the risks associated with your former spouse leaving the country with your child(ren).

If a child doesn’t presently have a passport there are legal steps you can take to prevent the other parent from seeking a passport for the child without your agreement.  The travel stipulations of the Court contained within the child custody and parenting time orders will have a strong impact on the ability to get a passport in the future.

If you are concerned and wish to prevent an ex-spouse from taking your child out of the country you need experienced, proven family law expertise.  Protect your own interests and contact us or call 760-389-3927 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.