If you share joint custody, you can take your child out of the country, but in almost every case only with the other parent’s written consent or a court order that authorizes the trip. Federal passport rules already require both parents to sign off before a child under 16 gets a U.S. passport, and most custody orders layer on their own travel requirements. Skipping either step exposes you to contempt findings, a custody modification, and in serious cases federal prosecution for international parental kidnapping.
Start With What Your Custody Order Says
Read the order before you book anything. Joint custody arrangements typically address travel directly. Some require written consent from both parents for any international trip. Others set a notice period, often 30 to 60 days before departure. Some include a ne exeat clause, which prohibits either parent from removing the child from the country (and sometimes the state) without the other parent’s signed permission or a court order.
Silence in the order is not permission. Courts in most jurisdictions treat major decisions affecting the child as requiring mutual agreement, and taking a child overseas qualifies. If the language is vague, a family law attorney can tell you whether your specific trip needs a signature, a court order, or both.
Getting a Passport for Your Child
The two-parent-consent rule becomes concrete at the passport window. For children under 16, the U.S. Department of State requires both parents or legal guardians to appear in person with the child and sign the application.1U.S. Department of State. Apply for a Child’s U.S. Passport
If one parent cannot attend, that parent must complete a notarized Statement of Consent (Form DS-3053) and include a photocopy of their ID. A parent with sole legal custody can apply alone by submitting a court order or other documentation proving sole authority.1U.S. Department of State. Apply for a Child’s U.S. Passport
Children 16 and 17 can apply on their own with proper identification, though a parent must either attend the appointment or provide a signed statement acknowledging the application.2USAGov. Get a Passport for a Minor Under 18
The current application fee for a passport book for a child under 16 is $100, plus a $35 acceptance fee at the facility where you submit the application.3U.S. Department of State. Passport Fees
Documents to Carry on the Trip
A passport alone is not enough. Border officials in many countries expect to see a notarized consent letter when a child arrives with only one parent. There is no single universal format, but the letter should include the child’s name, both parents’ names and contact information, the traveling parent’s name and relationship to the child, the destination, and specific travel dates.4Government of Canada. Consent Letter for Children Travelling Outside Canada
Get it notarized. Some countries will not accept photocopies or a forwarded email, and a notarized original carries far more weight at the border. Notary fees in most states run between $5 and $10 per signature, though a few states allow higher charges.
Bring a certified copy of the custody order as well. If you have sole legal custody, carry documentation showing that so you can demonstrate at any checkpoint that the other parent’s consent is not required.5USAGov. International Travel Documents for Children
What to Do If the Other Parent Refuses Consent
This is where most trips stall. If the refusal is unreasonable and the trip falls within your custodial time, you can file a motion asking the court to authorize the travel over the other parent’s objection.
Judges weighing these motions look at the traveling parent’s ties to the United States, citizenship status, whether the destination country is a Hague Convention signatory, and the overall risk that the child will not be returned. A two-week visit to grandparents in London is a much easier case than open-ended travel to a country with no child-abduction treaty with the United States.
In your motion, be specific. Include proposed dates, the destination, an itinerary, and evidence that you communicated the plan and were refused. Frame the request around the child’s best interests. File well before the departure date so the court has time to act and so you look like a parent planning responsibly rather than one trying to force a decision at the last minute. If the court grants the motion, it can order the refusing parent to sign the consent within a set deadline.
Federal Criminal Risk If You Skip the Rules
Taking a child out of the country to interfere with the other parent’s custody rights is a federal crime. Under the International Parental Kidnapping Crime Act, anyone who removes a child from the United States, or keeps a child outside the country, with intent to obstruct the other parent’s lawful custody rights faces up to three years in federal prison, a fine, or both.6Office of the Law Revision Counsel. 18 USC 1204 – International Parental Kidnapping
The Department of Justice prosecutes these cases through the Child Exploitation and Obscenity Section, which coordinates with the State Department and the National Center for Missing and Exploited Children.7U.S. Department of Justice. International Parental Kidnapping
The statute recognizes three affirmative defenses: acting under a valid court order granting custody or visitation, fleeing domestic violence, or being prevented from returning the child on time by circumstances beyond the parent’s control and giving notice to the other parent within 24 hours.6Office of the Law Revision Counsel. 18 USC 1204 – International Parental Kidnapping
Those defenses are narrow. “I didn’t think it was a big deal” or “the other parent was being unreasonable” is not on the list. This is why the paperwork matters. A signed consent letter and a copy of the custody order are what stand between a lawful trip and a criminal investigation.
Consequences Short of Prosecution
Most violations do not end in federal court, but they still carry real cost. A parent who travels abroad without required consent or in defiance of the order can face contempt findings that carry fines and, in repeated or egregious cases, jail. Courts can also modify custody, reducing the violating parent’s time or shifting decision-making authority to the other parent.
The less visible cost is credibility. Family court judges have long memories, and a parent who ignored travel restrictions once will have a harder time getting permission for future trips, or being believed in unrelated custody disputes. The short-term payoff of an unauthorized trip is almost never worth the long-term damage to your custody position.
If You Are Worried the Other Parent Might Take the Child
If you are on the other side of this question and believe your co-parent may leave the country without consent, a few tools exist. Any parent or legal guardian can enroll a child in the Children’s Passport Issuance Alert Program (CPIAP) through the State Department’s Office of Children’s Issues. Once enrolled, the State Department monitors passport applications for that child and contacts the enrolling parent to verify consent before processing.8U.S. Department of State. Children’s Passport Issuance Alert Program
CPIAP does not guarantee that a passport will be denied. If the applying parent produces a court order granting sole custody or specifically authorizing the child’s travel, the passport may still issue.9U.S. Department of State. Child Abduction Frequently Asked Questions
CPIAP also only covers U.S. passport applications. If the child holds dual citizenship, the other parent could obtain a passport from that country’s embassy or consulate without triggering any alert. The State Department is explicit about this gap and advises parents concerned about a foreign passport to contact the relevant embassy directly.10U.S. Department of State. Passports and Children in Custody Disputes
For an imminent threat, you can file for an emergency court order, typically a temporary restraining order, that specifically prohibits the other parent from removing the child from the country. The Uniform Child Abduction Prevention Act, adopted in a number of states, sets out risk factors courts should evaluate, including prior abduction attempts, threats to flee, a history of domestic violence or custody violations, and strong ties to a country that does not cooperate with U.S. custody orders.11North Dakota Legislative Branch. Uniform Child Abduction Prevention Act Summary
If your co-parent has family ties to a country that has not signed the Hague Convention on child abduction, raise it in your custody case. Ask for travel restrictions in the order, request that the child’s passport be held by the court or your attorney, and enroll the child in CPIAP. None of these guarantees prevention, but together they create barriers that are difficult to circumvent quietly.