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Steps people must take when ex-spouses travel abroad with a child

In America, different states follow different child custody laws. For instance, in Arkansas, a court will base its decision on various factors that would serve the best interests of the child. It would prefer the child to have continuous contact with both parents or that the parents have joint custody, if they meet all of the court’s criteria.

Several developments can occur in a child’s and a parent’s life after a child custody order has been agreed to. And courts in Arkansas will consider requests from parents to modify the current custody arrangement taking into account the circumstances that have changed.

Child custody issues can get even more complex and tricky when it comes to international travel, since an increasing number of children under the age of 16-years-old are travelling abroad nowadays. According to the U.S. State Department, a parent can execute that person’s child’s passport application, if there is evidence that the parent has sole legal custody or if a court order permits that parent to travel with the child.

Divorced people often must grapple with the scary prospect of their children travelling with their ex-spouse to another country. They fear that their ex-spouse could escape to a country where they may not be obliged to follow American child custody laws. This would leave parents without access to their child at all.

But now divorced parents can now request that the parent leaving with the child sign a surety bond called “Ne Exeat.” This document states that the parent travelling with the child must uphold the U.S. child custody terms agreed upon. The parent would have to execute a “Ne Exeat” bond before travelling abroad and post it to a local court.

Faced with a situation like this, people needs to know all the state and national laws associated with child custody. This can help minimize the anxiety and emotional stress that one may experience.

Source: Forbes, “Divorced Women: Take Precautions Before Your Children Travel Internationally With Your Ex-Husband,” May 6, 2014

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