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Can a co-parent leave the country with minor children?

On Behalf of | Jul 13, 2025 | International Child Abduction

Parents who share custody are subject to certain restrictions. It is common for people to integrate a variety of limitations into a parenting plan. For example, parents usually share decision-making authority. They have to agree on any significant medical treatment administered in a non-emergency situation.

Those restrictions help ensure continued access for both parents and protect against tragic scenarios, such as parental kidnapping. People may worry that if their children leave the country with their other parent, they may not return. Does the non-traveling parent have to provide consent for the other parent to take the children out of the United States?

Custody orders often restrict travel abroad

It is common practice for custody orders to include provisions restricting international travel. That’s particularly true in scenarios where one parent may have connections in another country that open the door to international parental kidnapping. Provisions requiring the approval of both parents for international travel are common.

Those concerned because their co-parent or children mentioned an upcoming trip may need to review the existing custody order. In cases where they have a credible fear of an international parental abduction, they may need to take the matter to family court.

A judge can issue an injunction enforcing an order that prohibits international travel without the other parent’s consent. It may even be possible to have the concerned parent retain the children’s passports to prevent travel without their consent or the permission of the family courts.

Discussing concerns about the possibility of parental kidnapping can help people protect their children from what could be a devastating situation. Parents who understand and adhere to their custody orders and respect their co-parents’ rights can limit the likelihood of a scenario that endangers their relationship with their children.