Cancun and other resort towns in Mexico are popular spring break destinations. Parents trying to make new memories with teenagers after a divorce may propose taking a teen to Mexico. They might also propose a trip to Canada or even more distant destinations, depending on the teenager’s interests and the family’s budget.
While domestic travel during one parent’s time with their children is subject to limited restrictions, international travel is a different matter entirely. Do co-parents in New Jersey need to worry about their children leaving the country with the other parent without their knowledge or consent?
Parental consent is likely necessary
Generally speaking, parental consent is necessary for any travel plans that might disrupt the current custody schedule. Some parents negotiate custody terms that may require pre-approval for travel out of the state. Limitations on international travel are standard.
Both parents have to consent for a child to obtain a passport. Once they have the passport, both parents typically must consent to any international travel plans. Particularly in cases where there may be reason to worry about parental kidnapping, one parent could refuse to consent to the travel or even to the teenager receiving a passport.
Much of the time, international travel comes from a desire to bond with a child, rather than an attempt to kidnap them. Still, co-parents should have the right to be informed and have a say in international travel. Including the right provisions in parenting plans and recognizing when enforcement actions may be necessary can help parents avoid major child custody conflicts.