In case of a divorce, is the mother who is caretaker of the child allowed to travel with the child to another country without the father’s consent?

Asked on November 27, 2011 under Family Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am trying to figure out just where in the process of divorce you actually are.  I think that you are just thinking of getting a divorce rather than are actually in the throws of it and are worried that it will hinder your travel with the child.  If that is the case then you need to make the request part and parcel of the divorce agreement.  I am assuming that either your family resides in another country or you like to travel.  If either is the case then get his permission up front and in writing.  If the father thinks, though, that there could be the possibility of a flight risk - meaning that you will leave and never come back - then he could indeed object.  Get some advice here based upon the facts of your case.  Good luck.

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