If you're working out the custody arrangements for your divorce, pay close attention to foreign travel issues. This is especially important if your spouse holds dual citizenship. It can be next to impossible to get your child back once they're in a foreign country. That's why it's important that you take steps to prevent foreign travel, especially if there's a chance your ex will run with your child. Here are four steps you need to take to prevent your ex from leaving the country with your child.
Ensure Surrender of Existing Passport
If your child has a passport, your ex may be able to use that to leave the country with them. If that's the case, you need to ensure the surrender of the existing passport. If your ex is a flight risk, you can ask the court to order the surrender of your child's passport. Once you've done that, your ex won't be able to leave the country with your child.
Flag Future Passport Applications
If you're worried that your ex will apply for a new passport for your child, take steps to prevent that. One way to do that is to make a request for your custody orders. Your attorney can stipulate that signatures from both parents are required before a new passport can be obtained for your minor child. If you're concerned that your ex won't abide by the court orders, you can take the protection a step further. You can register your child through the Children's Passport Issuance Alert Program. This is a government program that flags' passport applications that are in the system. If your ex attempts to get a passport for your child, you'll be notified.
Keep a Copy of Custody Orders on Hand
If there's a chance that your ex will leave the country with your child, make a copy of your custody orders. If a problem arises, you'll need to show proof of custody. This is especially true if you need to file a police report. Law enforcement officials can't get involved in custody disputes unless there's proof that a law has been broken. That's why you need to keep a copy of the custody orders on hand at all times. In an emergency, you won't need to wait until you can get a copy of the orders.
Work Closely With Your Custody Attorney
If your ex holds dual citizenship, and you're worried they'll leave the country with your child, work closely with your attorney. They can be your biggest ally if a custody issue arises. It's especially important that you keep your custody attorney up-to-date on any residence or employment changes involving your ex. Changes in employment or residence may be a sign that your ex plans to leave the area.
For more information, reach out to a person like Kenneth J. Molnar.
Share26 June 2020
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