By H. William Edgar | Edgar & Dow
When a parent raises an international trip, I want to see the itinerary, the return date, and the current custody order. An ordinary vacation and a credible risk that the child will not return call for different responses. Family Code § 3048 gives courts tools to address a demonstrated risk of abduction.
Check restrictions on international travel, consent, advance notice, passport possession, and the return date. A passport establishes travel documentation. The custody order governs whether the trip is allowed between the parents. Ask for the destination, contact information, dates, and travel details through the channel the order authorizes.
For children under 16, federal passport rules generally require participation or consent of both parents unless an exception applies. The Children’s Passport Issuance Alert Program may alert eligible parents to applications for U.S. passports. It does not itself stop travel with a valid passport. Check State Department procedures, and tell counsel if the child may have another country’s passport.
Family Code section 3048 addresses abduction prevention where risk is shown. Identify concrete evidence such as prior nonreturn, explicit plans not to return, or conduct suggesting imminent departure. Counsel can assess safeguards such as itinerary requirements or passport restrictions and whether emergency relief is appropriate. International return proceedings can involve the Hague Convention and depend on the countries and facts involved.
Family Code § 3048(b) allows tailored measures after the court considers the statutory risk factors and makes the required finding. Depending on the facts, the court can require an itinerary, restrict travel, order passport safeguards, or impose supervision. Show the evidence supporting the particular safeguard you request.
For a proposed two-week international trip, identify the written departure and return dates, contact information, and any consent required by the current order. If the other parent expresses concern because a prior trip ended late, provide the actual messages and records. Counsel can evaluate whether clear travel terms address the problem or the evidence supports an abduction prevention request.
One parent proposes a family trip during a school break. The other parent wants the itinerary and a clear return plan because previous travel ran past the agreed time.
Read the order for consent, notice, passport control, and return requirements. Exchange the proposed dates, locations, and contact information. A workable travel provision can identify the notice period, the date and time the child returns, and how delays are communicated. Address what happens if travel would overlap the other parent’s time.
If facts suggest actual abduction risk, seek legal advice before relying on an informal promise. Provide evidence of prior conduct or a specific threat and any imminent departure date. Counsel can evaluate statutory preventive measures and what procedures may apply if a child has already been taken abroad.
A child may already have a valid passport even when the order restricts travel. Confirm passport status and review who may hold it. If the child has potential access to another country’s documents, tell counsel so the legal options can be assessed.
Ask for the current location, explanation, and confirmed return plan through the permitted channel. Keep the itinerary and complete communications. If facts suggest the child will not return, seek prompt advice about the available court and agency procedures.
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Explore the California Child Custody and Visitation Library for more guides on relocation and interstate custody.
How Do I Write a Parenting Plan That Works in California?
Can California Change an Out-of-State Custody Order After You Register It?
When an approved out-of-state move can go forward
How Do I Prepare a Request for Order and Declaration in a California Custody Case?
Contempt for custody or visitation violations
What Can I Do if My Co-Parent Does Not Return Our Child After Visitation?
If international travel raises a custody or safety issue, contact Edgar & Dow to schedule a consultation. Bring the current orders, the facts affecting your child, and the next deadline so we can assess what relief fits your case.
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