For some couples who experienced a tumultuous divorce, the thought of a child traveling with an ex while still in the U.S. might leave an uneasy feeling in some parents. However, international travel can be an entirely different ball game. Divorced New Jersey parents who wish to ensure that the guidelines set out in their child custody plan are still respected beyond the country’s borders can take legal action to protect their children.
Currently, only the parent with sole legal custody may apply for a passport for their child without any other permission. If a non-custodial parents wishes to do the same they must supply a court order that explicitly states that they have the custodial parent’s permission. While this may be a solid first step to ensuring that a non-custodial parent must continue to respect the legal aspect of a custody agreement, some parents find that subsequent steps are necessary.
A Ne Exeat bond is a surety bond that is apparently growing in popularity. The bond requires that the parent traveling with the child must post the bond with the Court, specifying where they’ll be staying and how long they’ll be gone for. The bond is then set at the cost that the other parent would likely take on if he or she had to pursue legal action internationally for a violated custody agreement.
Furthermore, for simple peace of mind, some parents may wish to remain in contact with their children while they are traveling internationally. It can be assumed that overseas travel is generally for longer than a weekend visitation that might be outlined in a child custody plan, so the parent remaining at home may submit a written request for phone calls or even Skype visits. Although travel of any kind may feel daunting to a New Jersey parent who is staying at home, the courts provide a legal safety net in order to protect the children involved.
Source: Forbes, “Divorced Women: Take Precautions Before Your Children Travel Internationally With Your Ex-Husband“, Jeff Landers, May 6, 2014
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