Custody Disputes Over International Travel: What You Should Know
Traveling outside the country is typically exciting, especially for a child, but sometimes a parent has reasonable concerns about one parent leaving the country with a child, the most concerning of which is the fear of international child abduction. If you are worried about your co-parent leaving the country with your child, a DuPage County, IL child custody attorney can help you navigate the legal options available to you and ensure you understand your rights in this situation.
Common Reasons a Parent May Contest International Travel Plans
Having genuine concerns about your child’s safety when they are travelling internationally is common. While the conditions for travel are often laid out in the parenting plan, parents often still dispute international travel when it comes up. Some common reasons include:
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Parental abduction: Children are much more likely to be abducted by a family member than a stranger. There are ways to prove that you have a legitimate reason to fear that you may never see your child again if they leave the country.
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Political danger: Several factors could contribute to a claim that traveling overseas would be dangerous because of political issues. For example, going to a country that is on high alert for travel risk or experiencing issues with reentry into the United States are legitimate concerns.
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Extravagance: A disputing parent can sometimes argue that an international trip would be too indulgent for the child.
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Human trafficking: The fear that your child could be in danger of human trafficking is not unfounded, particularly if they are going to visit a country that has a known human trafficking issue.
The most obvious solution for disputes over international travel is compromise, but in certain situations, such as the fear of child abduction, that may not be a reasonable option. Working with an experienced attorney is the first step in understanding how regulations for international travel impact parents.
Understanding the Hague Convention and Concerns About Child Abduction
The Hague Convention, which is mentioned under the Uniform Child-Custody Jurisdiction and Enforcement Act of Illinois, allows you to petition for your child to be returned to the U.S. if they were wrongfully taken to another country. If abduction is a primary concern, you can take steps to keep your child in the country, such as obtaining a court order that prohibits travel or requesting that your child’s passport be seized. An experienced attorney can help you understand what legal options are reasonably available in your case and what you can do to protect your child.
Contact an Oakbrook Terrace, IL Child Custody Attorney
At Farooqi & Husain Law Office, we work with families facing a wide array of legal issues, and we understand the importance and sensitivity of disputes involving parental responsibilities and protecting the welfare of children. If you have concerns about what could happen if your child leaves the country with their other parent, a DuPage County, IL child custody and Hague Convention lawyer will fight to protect your child’s best interests to the full extent of the law. Call 630-909-9114 to schedule a consultation today.