after divorce

Can You Take Your Child Out of the Country After a Divorce in California?

Traveling with your child can be a life-enriching experience, but for divorced parents, it can also be a complicated process. When traveling with a child out of the country after a divorce in California, you may be wondering what the rules are. This blog post will delve into the legal requirements that a parent needs to fulfill before they can travel internationally with a child post-divorce in California.

What Needs to Happen Before Traveling Internationally with a Child After Divorce?

To travel internationally with a child during or after a divorce in California legally, you need to get a few things in order first. Generally, the law requires that you have a written agreement (made into a Court order from the other parent or the Court before traveling outside the country with your child.  If the other parent does not agree to your travel, you must ask the Court for a Court order to travel.

Get the Proper Paperwork in Place

One of the main priorities when planning a trip with your child is ensuring that your custody orders or parenting plan allows for international travel. You will also need to have your and your child’s passports in place. If the other parent opposes the travel plans, the parent has to obtain a court order to allow international travel. Apart from these, you must fill out consent, medical release, and flight itinerary documentation forms.

Communicate Travel Plans with the Other Parent and Allow Time for Objections

The parent who wishes to take the child out of the state of California, especially out of the country, needs to inform the other parent of the travel plans and the itinerary. The other parent will then have time to object if they need to.

Consider the Best Interests of the Child When Planning Trips

When planning to travel outside the country with a child, the most important thing to consider is the child’s best interests. You should choose destinations and activities that align with the child’s interests, such as visiting a family member, attending an educational activity, or religious observances.

Maintain Frequent Contact with the Other Parent During Extended Trips

When traveling with your child, especially on extended trips, it is essential to maintain clear and open communication with the other parent. It is also good practice to keep the other parent informed if your itinerary changes. Your child should have contact with the other parent while traveling through phone calls or facetime.

Follow Court Orders and Parenting Plans When Returning from an International Trip

When you return from your international trip, you must follow any court orders that existed before the trip. Some provisions may require you to notify the other parent upon arrival. Failing to abide by court orders or parenting plans may result in legal action from the other parent.

If you need assistance navigating the complexities of traveling outside the country with your child after a divorce, it is always best to get legal guidance. At the Law Offices of Judy L. Burger, we understand the sensitivities involved in these situations and are here to help you make the best decisions for your child. Our child custody attorneys have handled countless travel-related cases and can provide you with trusted legal support. Contact us today to schedule an appointment. 


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