The Risks and Considerations of International Travel

Hello, my name is Brian L. Jackson, I’m a Tulsa father’s rights attorney with Dads.Law, where fathers are not disposable. Guys, today I want to talk about an issue that I see occasionally in cases. And I think this is a very, very tricky question. And the answer is probably one you really need to consult with a lawyer about.

International travel presents unique problems, particularly depending on where in the world the parent is planning to try to take the child. The out-of-state travel can be enough of a problem in some cases, because there are cases of parents trying to escond to another state with a child, and compellingly, like a habeas writ or a writ of assistance to bring the child back. And sometimes that can even get to the point of where they are successful at hiding for a while and you didn’t necessarily know where they are.

Take that problem and multiply it by 100, and you’re talking about international travel. And then it could be even worse depending on where the person is going. There are countries that have international parental kidnapping treaties with the United States, where there’s international law that applies, and they’re required to cooperate with us in finding children. There are also countries that don’t cooperate with us.

The Challenges of International Parental Kidnapping

As a further matter, if you are dealing with a situation where the other parent is a citizen there, let’s say, for example, they have dual national status, or they’re not a U.S. citizen, but they’re a citizen of the other country, then getting the kids back could be even harder, particularly if that country would consider the children to be citizens. I mean, that’s a problem with some Middle Eastern countries, where if you’re born to, especially if the father is a citizen of that country, but even with the mother, the child is automatically a citizen.

The country may or may not recognize dual national status in the United States, but even if they do, they’re going to be a lot more reluctant to deport one of their own citizens to go to the other parent who isn’t a citizen. And it can create a huge problem. And then, of course, this is assuming you can even locate the child in the first instance. But you may not be able to get the cooperation of law enforcement there. You may not get any cooperation.

Considerations for International Travel with Children

So when you’re talking about international travel of children, it really requires a lot of consideration. Now the good news is you in generally, generally speaking, you can’t get a passport for your child without the other parents consent Assuming that their rights have been established. So like married couple both parents have to consent and I The last I looked at the law on this it was that both even if one parent’s custodial and the other one isn’t I think you still have that situation so It’s not you know, you have to sign off on it as a general rule.

I would say if you’re in the middle of custody litigation, this is not a good time to authorize international travel. If you’re not, I think it’s a judgment call based on what you know about that person. But if they ever have a history of withholding or secreting the child, I would caution you strongly about allowing them to take the child out of the country because you may not see that kid again and it could be a real problem.

Consult with a Lawyer and Take Action

And guys, if you are looking at a situation like that where she’s asking to travel with the child like that, stop that. Then I would suggest very strongly that you consult with a good lawyer about what to do about that because that is a potentially hazardous situation and if it materializes that could be disastrous.

And guys, one place you can find a good lawyer is at Dads.Law, where fathers are not disposable.