If you’re worried that your ex might take your child out of the country without your consent, you’re not alone, and you’re not powerless. Whether you’re going through a divorce or already have a custody order in place, it’s possible to take legal steps that stop an international trip before it happens.
Even parents who share custody or have some travel agreements may not realize how easy it can be for one parent to leave the country with a child. Once a passport is issued, a child can often travel internationally with just one parent. Many people believe both parents must give written permission for international travel, but that is not always the case.
Key Takeaways
What You Can Do: File for Protection Before It’s Too Late
If you believe there’s a real risk that your child may be taken out of the United States without your agreement, you can file a request in family court to prevent that travel. This is often called a travel restriction order or a court order to prevent international travel.
Once the court grants the order, it can be submitted to U.S. Customs and Border Protection. The order is then connected to travel systems used by the TSA and Border Patrol. This helps stop the child at the airport before they leave the country.
If you’re worried about this possibility, don’t wait. The earlier you act, the more protection you’ll have.
We Work with Clients Facing This Exact Concern
At Petrelli Previtera, we are currently helping clients with international family concerns. Some of these clients have ties to countries such as China and India and fear that their child might be taken abroad during or after a divorce. These situations are stressful, but the legal system offers tools to help protect children.
Every family is different. Talk to your attorney right away if you have concerns. If you’re not sure whether you’re at risk, we can help you assess your situation and request the protections needed.
Frequently Asked Questions
Can my ex take our child out of the country without my permission?
In many cases, yes. If your child has a valid passport and there is no court order restricting travel, one parent may be able to leave the country with the child. This is why filing a travel restriction order can be so important.
What is a travel restriction order and how does it work?
A court can issue an order stating that a child may not leave the United States without written consent from both parents. This order can be shared with Customs and Border Protection and added to federal systems used to screen travelers.
What if my ex already has travel plans with our child?
You should speak with an attorney immediately. It may still be possible to file a motion with the court and take emergency steps to prevent unauthorized travel.
Is this only an issue in certain states?
No. Courts across the United States can issue travel restriction orders. Federal agencies such as CBP and TSA can enforce them at any airport, regardless of the state in which they were issued.
Will this create conflict with my co-parent?
Possibly. But the goal is not to cause conflict—it is to protect your child. If there is a legitimate concern about abduction or international travel without consent, the law is there to help.
Don’t Wait for a Crisis
International custody disputes can take years and cost tens of thousands of dollars to resolve. Preventing an unauthorized departure is far simpler. Often, it only takes one timely court order.
If you’re concerned that your ex may try to leave the country with your child, speak with your lawyer as soon as possible or contact us directly. Together, we can put the right protections in place before it becomes an emergency.
About the Author
Julie Colin, Esq., is an associate with Petrelli Previtera, LLC and a family law attorney licensed in Maryland and New Jersey. She has more than 30 years of legal experience, including a decade focused exclusively on family law. Julie regularly works with state courts and federal agencies, including U.S. Customs and Border Protection, to help families prevent international child abduction. She is the author of Understanding the Best Interests of the Child in Maryland Custody Cases and What to Do If You’re Falsely Accused During a Custody Dispute, and she is known for her calm, clear guidance through complex custody matters.