Managing legal battles with family

Travelling Abroad With Your Kids after Marriage Dissolution

Dissolution of a marriage, whether in the form of divorce or through a trial separation, can prove to be an emotionally exhausting time for the former spouses as well as the children involved. Therefore, it should come as no surprise that some individuals may want to take some time off and go abroad on holiday so that they can get their mind off their personal problems. However, travelling with your kids when going through a breakup with your spouse is not as straightforward as you may think. Once the marriage is dissolved, there are certain rights and responsibilities that each spouse has, and they need to be upheld in regards to the children. So what are some of the things that you should know about travelling abroad with your kids after marriage dissolution?

Consent for the children to travel overseas

The first thing to establish before you take your children across the border is whether you have permission to go overseas with them in tow. If both parents are in agreement, that one spouse can travel abroad with the kids, then there would be no problem at hand. Your travel arrangements will not have any effect on the parenting arrangements agreed upon in court, nor will it have an impact on child custody or child support. However, if you have in proceedings underway in family court and choose to go abroad with the children before they are resolved, you could stand the risk of being arrested.

Issuing of passports

You may have parental consent from your former spouse regarding travelling with the kids, but you still have to apply for their passports if they will be travelling abroad. For your child to successfully apply for a passport, both parents are required to be signatories on the application form. If one parent refuses to provide their signature, the other parent has the right to go to family court and request to have their child's passport issued without the signature of the non-cooperative parent. However, there are situations where the other parent declines to provide their signature because they have not consented to the travel arrangements. In this instance, the non-cooperative parent can make an application to the family court to prevent any passports being issued to their children without their signature. Therefore, it is always best for the parents to be on the same page before they take the steps for passport application for their kids.

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