Q: I have sole legal and physical custody - do I need consent to travel internationally from family court?
I have sole legal and physical custody of my son. My ex husband didn’t show up to court even though he was served. Since then I’ve been letting him see our child. I want to travel abroad with my son and wanted to know if there’s any kind of legal documentation I can present in addition to my divorce decree when crossing the boarder? Is there anyway to get permission from a judge explicitly saying I can travel with my child or is that not necessary?
I was divorced in Illinois, Jan 2023 - I now reside in Las Vegas (since Feb 2023)
A: If you have been granted sole legal and physical custody, typically this grants you the right to make major decisions regarding your child without the other parent's consent, which can include traveling abroad. However, when traveling internationally, many countries and airlines require specific documentation proving you have the right to take the child out of the country without the other parent. It's recommended to carry a copy of the court order granting you sole custody when traveling. Even with sole custody, having a notarized letter of consent from the other parent, if possible, can facilitate smoother travels. While it might not be strictly necessary given your custody arrangement, obtaining an explicit order from a judge granting permission to travel can provide added assurance. Since your divorce was in Illinois, it would be advisable to ensure that Nevada, your current residence, recognizes the custody order.
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