Unlike a non-parent divorcee who gets a blissful new life free of their ex, co-parents must keep their ex in their life and maintain an amicable relationship with them to successfully co-parent. And, among the myriad of issues that pop up during the course of your child’s life, travel can become quite the issue.
Most child custody orders have jurisdiction or travel parameters built in. They will say where the child can be taken. These orders are usually limited to the state, county or the like. However, they do not always include such language, especially if neither divorcing spouse has non-local familial connections.
Can my ex take my child overseas?
It depends. Your child custody order should speak to this. It likely would not allow them to unilaterally take the child overseas without either the court’s approval or your approval. Though, it may not, and if it does not, you still have options.
First, if your spouse says they want to take your child overseas, talk with them. See if you two can come to an arrangement. If you can, put it in writing, talk with your attorney and then, put it before the judge, who can make it the new child custody order.
If you two cannot come to an agreement, you may need to take it before the judge. The judge can work it out, but the likely decision will be a change in custody where the parent not moving overseas will gain primary custody, unless there is some substantial reason that makes a move overseas is in the best interests of the child.