Being divorced shouldn’t prevent you from vacationing with your children. However, there are circumstances in which your divorce decree can prohibit you from traveling out of the country without the consent of your ex-spouse. But if you are allowed to travel with your children outside of the country, you will still need to obtain passports.
So what do you do if your former spouse refuses to cooperate in obtaining passports? In such circumstances, you do have legal recourse.
What Will The Court Do?
One option would be for the court to order your ex to take all steps necessary for you to obtain the passports. Unfortunately, there is no assurance your ex will actually do what the court orders. Thus, the better option is to petition the court to allow you to obtain the passports without your ex’s involvement at all. The federal government will allow you to obtain the passports yourself with this type of order.
The order should state you have the sole authority to obtain the passports without the other parent’s written consent; there must be a separate order for each child containing that child’s correct legal name and social security number; and it must be certified by the court (meaning the orders must be embossed as “official” copies of the court orders).
What Else Do I Need To Consider?
It is also important to consider parenting time when scheduling large trips like this. There a number of different statutes to take into consideration when traveling outside of the country with a child. We recommend you consult with your attorney before planning such a trip.
Divorce shouldn’t stop you from enjoying life. You deserve a vacation with your children.
Contact us at Hallier Lawrence for more information about custody issues and obtaining passports for your children.