How to legally take your child out of the country after divorce | Stacy Albelais, Attorney at Law

Stacy Albelais, Attorney at Law • September 28, 2021

When you have a family that doesn’t live in the same country as you, it makes sense to want to take your children to visit them. However, there have been times where parents have gone to other countries with their children and failed to return, which is why many parents are wary about allowing their children to go out of the state or country without them.


If you are divorced, you may think that you’re going to be stuck in America and have to have your family come to you, but you actually may be able to take your children out of the country as long as you get written permission and approval to do so.


Good communication is a key issue in multinational cases

It is helpful for you and the other parent to sit down and talk about what you want. If you would like to take your children to see your family in Mexico, for example, you should get together with the other parent and include them in the conversation. Ask if they are comfortable with you taking your kids out of the country. Your ex-spouse might suggest that they could also come along to be cautious, or they may ask that you provide a full itinerary and contact information before you go.


If your spouse is uncomfortable with you going out of the country with your kids, you need to ask yourself why that might be. If you want to make them more comfortable with the idea, it would be worth setting up plans to help them see that you only want to go temporarily and that you will return with your children.


If the other parent refuses to allow your children to leave the country, you do have options. You may go to court to ask the judge to rule and modify your custody agreement if you feel that your children need to leave the country to see family or to experience their culture while they’re young. You might also fight for primary custody if the other parent is trying to prohibit you from seeing your children and taking them on a trip despite agreeing that it would be allowed in your original custody agreement.


This can be a touchy subject, but it’s possible to find a resolution.

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