can a parent take a child abroad without permission of the other parent?

Full question:

can a parent take a child abroad without permission of the other parent?

  • Category: Divorce
  • Subcategory: Child Custody
  • Date:
  • State: New Mexico

Answer:

It is doubtful whether it is legal to take a child out of the country without consent of the other parent. But an answer may be found in the custody agreement/arrangement ordered by a Court in the case of a divorce. If the custody order is silent on the issue of taking a child abroad, it would be best to get the written consent of the other parent before doing so. Otherwise, you may find yourself charged with contempt of court, kidnapping, and/or other unpleasantness best avoided.

We cannot give legal advice. The foregoing is not a substitute for the advice of a local attorney. But we hope the information will be useful.

Sincerely,

USLegal, Inc.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Generally, a mother cannot take a child without the father's permission if there is a custody agreement in place. Most custody agreements stipulate that both parents must consent to travel, especially international travel. If the agreement does not address this, it's still advisable to obtain written consent to avoid potential legal issues.