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Can you travel internationally with your children post-divorce?

On Behalf of | May 24, 2022 | Child Custody

Many families want to plan vacations with summer looming. If you share custody of your children, those shared responsibilities can complicate vacation plans, especially if you want to travel out of the state or the country.

Making new, exciting memories with your children can be a way for your family to heal after the difficulty of a divorce. Maybe your college roommate lives in Toronto, Canada and has offered to let you and the children stay for a week. Perhaps your oldest child has taken two years of high school French and wants to visit France this summer. Can you plan an international trip with your children if you share custody with the other parent?

New York parenting plans often address travel limitations

Getting your children tickets and a passport may not be enough if you want to leave the country as a parent with shared custody. You still have to abide by the rules established in your custody agreement. It is common for custody agreements or parenting plans to include restrictions on travel.

In general, parents have the right to do what they want with their children during parenting time, including taking the children on an exciting trip. However, especially if there were challenges between the parents in the early stages of divorce or if one parent has strong ties out of state or in another country, the custody agreement may limit travel to within the United States or even a certain distance from your residence unless the parents agree otherwise or a court orders it.

You may need approval from the other parent to travel outside of your agreement. If they don’t cooperate, you could potentially ask for a modification of your parenting plan that will give you the permission you need to travel to where you want with your children.

International laws protect parents

It is common for parents to worry that traveling out of the country will result in parental abduction. Thankfully, there are international laws, like the Hague Convention, that help prevent international abductions and give parents left behind the opportunity to fight back for the return of the children.

Learning more about the rules that govern shared custody arrangements in New York will help you plan for your happily ever after with your children.