When a divorcing couple has children, a custody dispute often becomes highly
contentious, creating strong and negative feelings that can last for years.
Once all custody issues have been legally settled, however, the child
custody agreement is usually strictly enforced.
But divorced parents in Georgia, like elsewhere in the country, know that
one parent can violate a custody arrangement, sometimes abducting a child
as an act of revenge or retaliation against the other spouse.
Traveling abroad is relatively easy, and American children can travel abroad
with their parents as long as they have the proper documents. A parent
who has sole custody must apply for a passport for the child in person
with the child, showing court documents that allow the child to travel
abroad and that the parent has sole legal custody.
For parents who know their children are about to travel abroad with the
other parent, there is sometimes fear - often legitimate - about the children
being kept in another country by the other parent and not returning to
the United States.
When divorced parents have established a healthy relationship, allowing
a child to travel is an easy decision. For divorced parents who have a
history of personal battles, however, the custodial parent should make
sure the parent who will be traveling with the child secures a a travel
itinerary and, if possible a form of assurance like a ne exeat bond, a
legal guarantee that the parent will return with the child. The ne exeat
bond can be used by the other parent if legal action is needed to return
the child should the other parent decide not to comply with the custody
To learn more about child custody issues and concerns related to children
traveling abroad with former spouses or partners, Georgia parents are
strongly advised seek legal advice from a knowledgeable divorce attorney.