Should I Allow the Other Parent to Travel Internationally with Our Child?

Are you considering international travel for your child with the other parent? It’s a question many separated or divorced parents face, especially in a world where relatives, opportunities, or work can often take a parent overseas. However, when international travel raises fears about child abduction, the decision becomes more than just logistical—it becomes legal.

Here’s what you need to know before signing off on international travel with your child—and what you can do to protect your rights if you’re concerned.

The Legal Framework: Protecting Children from International Abduction

State Level: California Family Code § 3048

Under California law, courts can issue child abduction prevention orders when there is a risk that one parent may wrongfully retain a child abroad. Factors the court considers include:

• A history of violating custody orders

• Ties to foreign jurisdictions (including familial, financial, professional, and emotional)

• A history of threatening to withhold a child

• Risk that the international country will not enforce U.S. custody orders

The court can order a variety of preventative measures including:

• Travel restrictions

• Passport surrender

• Posting of a financial bond

• Require assurances from the parent traveling internationally including a complete itinerary of the parent and child, a list of all locations and phone numbers where the child can be reached, an open airline ticket for the other parent if the child is not returned.

• Mirror orders filed in the foreign country

International Level: The Hague Convention on the Civil Aspects of International Child Abduction

This treaty, implemented under 42 U.S.C. § 11601, creates an international legal mechanism to return children who are wrongfully taken or retained across borders. However, the system is only effective if the country in question:

• Is a signatory to the Convention

• Complies with its enforcement obligations

Not all countries do. This is why California courts must proceed with caution before allowing international travel, especially if a parent has a history of defiance or if the destination country is known for weak compliance.

Important Considerations Before Approving International Travel

Before agreeing to any overseas travel, a parent should carefully evaluate the risk of abduction and whether the other parent can be trusted to honor the custody order.

Here are some key questions to ask:

1. Has the Other Parent Previously Refused to Return the Child?

A history of noncompliance is a major red flag. Courts take this very seriously under Family Code § 3048.

2. Is the Destination Country a Hague Signatory—and Do They Comply?

Just being a member or signatory of the Hague Convention isn’t enough. Some countries have poor track records of enforcement. In such cases, your legal remedies may be limited or delayed. It is important to discuss this with your attorney and research the country to where your child may be traveling with the other parent.

3. Is There a Co-Parenting History of Respecting Court Orders?

A parent who previously undermined agreements or showed hostility may not be a reliable candidate for unsupervised international travel. Courts consider the parent’s ability to put the child’s best interests first.

4. Does the co-parent have ties internationally and in your “home state?”

If the co-parent still has strong ties to California, there is likely less risk that they will abscond with your child. Typically, parents who still have their extended family, a job and a mortgage or rent they are responsible for to return to are going to return from the international trip. If the co-parent alternatively has minimal ties to California and has familial, culture ties, citizenship, or employment opportunities in the international country, these are signs to proceed with caution and seek preventative orders.

5. Does the co-parent have a clear itinerary with a return date booked, and have they provided it to you?

Ask the co-parent for a complete itinerary of the proposed international trip. What dates are the co-parent and child leaving and returning? Is the return trip booked and paid for? Is it refundable? Be sure to gather contact information and identify if your co-parent is going to give you open lines of communication with your child on the trip. If not, international travel may not be the best idea without safeguards in place.

What Legal Protections Can I Request?

If you're concerned about the safety of your child or the reliability of the other parent, California law allows you to seek multiple safeguards before the trip happens:

Child Abduction Prevention Orders: Request that the court place conditions on travel under Family Code § 3048, such as:

• A specific itinerary with return dates

• Advance notice requirements

• Surrendering the child’s passport after return

Mirror Orders in the Foreign Country: Some courts will require that the foreign country recognize and enforce the California custody order before allowing travel.

Financial Bonds: Ask the court to require the other parent to post a bond that will be forfeited if the child is not returned. This creates a financial disincentive to abduct.

Passport Restrictions: You can request that the child’s passport be held by the court or a neutral party. In some cases, the court may block passport issuance altogether.

What If the Trip Already Happened and the Parent Refused to Return?

If the other parent violated a custody order and did not return the child, you may be entitled to:

• Emergency orders under California law

• Relief under the Hague Convention, if applicable

• Termination or restriction of international visitation

Concerned About International Travel With Your Child?

International travel with a child is not something to take lightly in a high-conflict custody case. While shared parenting is ideal, safety always comes first. If there’s a genuine risk that the other parent won’t return your child—or if they’ve done it before—you have the right to say no and seek court protection.

At Livingstone Law, we help parents across California travel internationally safely and give parents the peace of mind they deserve. The law is on your side, but timing matters. It’s far better to get court orders before the plane leaves the runway.

Contact your experienced Livingstone Law attorneys today or 619-630-2165 to discuss your custody case, abduction concerns, and how to secure a protective custody order before it’s too late.