Can You Travel Abroad With Your Children After a Divorce?

Contested divorces make even the most minor decisions a battle. But now you want to or need to take your children abroad. If you need to know your rights and responsibilities, please read on, then contact one of our experienced Bergen County divorce attorneys to learn if you can travel abroad with your children after a divorce.

Are you permitted to travel abroad with your children after a divorce?

If you plan on taking your child or children abroad, whether for a vacation or to live permanently, you need the permission of their other parent and anyone else who has parental responsibility. Taking a child overseas without this permission is a crime, and might lead to charges of child abduction. The only exception is if the parent has proof of sole custody. As the parent not traveling with your child, your former spouse must provide notarized consent for your child to leave the country with you. Without his or her consent or signature, the U.S. Department of State will refuse to issue the passport.

Okay, your former spouse consented to you traveling abroad with your kids after a divorce – now what?

According to the U.S. Department of State, all children need to have a valid passport in order to travel overseas, regardless of their age. They also lay out the rules for how a divorced parent may submit a passport application if their child does not already have one. To obtain a passport for your children, you must submit an application with the following:

  • Citizenship evidence
  • Photocopy of ID
  • Photo
  • Payment for fees

You and your children must do this in person at a passport acceptance facility.

How can a Bergen County, New Jersey family law attorney help you?

When one parent decides to take children on a trip abroad, this often renews conflict, stress and the litigation process. Before you initiate proceedings, you should reach out to one of our skilled Bergen County NJ family law and divorce attorneys to try to come to an agreement with your former spouse through mediation. You and your legal representative will have to assure the other party, as well as the Family Court, that you are not fleeing the jurisdiction or intending to illegally restrict the children from their other parent. Our firm will help try to avoid a lengthy and stressful court process. These matters take time. Let us handle them for you.

Contact our experienced Bergen County firm

At Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients to understand and protect their legal rights before, during, and after the divorce process in towns across New Jersey and Bergen County, including Hackensack, Ridgewood, Paramus, Teaneck, and Fort Lee. To speak with our team of divorce lawyers today in a free and confidential consultation regarding your concerns about your divorce, please contact us online, or through our Hackensack, NJ office at (201) 397-1750.

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