How to Obtain a Court Order Allowing a Parent to Travel

My question involves a child custody case from the State of: Maryland

I've been divorced for over a year. We have shared physical custody and joint legal custody with me having final decision making authority on any legal custody matter. After the separation, ex-wife took the passport of the child with her. During divorce litigation, the court appointed custody evaluator concluded that there was a danger that the ex-wife might take the child and flee to a foreign country. In the Consent Custody Order, it is ordered that the minor child's passport shall remain with me and the passport has been with me. I took the child to the Bahamas on a cruise once after the divorce. Now the passport has expired. I cannot renew the passport since the child is under 16 and the ex refuses to sign the passport application unless I agree to give the passport to her later to allow her to take the child for a visit to a foreign country. I cannot allow her to have the passport because of the danger that she might take the child and flee to that foreign country.

I'd like to obtain a court order that allows me to travel with the child. What is the chance that I could get it? Is this something that I can file for in a court on my own or do I need to hire a lawyer? One lawyer asks for a $2,500 retainer to handle the case. The webpage of the court shows the forms for modification of child custody but I did not find any form related to court order that I am seeking.

Thanks for your help in advance.

I am asking these questions for a reason:

Is your ex-wife a citizen of a foreign country? If so, which one? If not, is there another country where her ancestry would allow her to live and work without needing a visa? If so, which one?

No, the ex-wife is a naturalized US citizen who came from mainland China. Her parents are well off in China and could support her. I don't think she would attempt to flee to any other country. She attempted to gain sole physical custody during divorce litigation and alleged child abuse. The court did not find any child abuse. She's been very unhappy about the rulings of the court and continues to try to gain sole custody by persuading the child. She lacks good judgement. As an example, during divorce litigation, she claimed voluntarily to the custody evaluator that she had an affair and that I (the dad) was not the biological father of the child in the hope that such claim would help her to gain sole custody. I am worried that she would flee to China in order to have sole custody.

Mainland China is not a party of the Hague Adoption Convention. It would be extremely difficult to get the child back if she flees to China with the child.

How old is your child?

Just as an aside - a passport isn't needed to cruise to any location, so long as that cruise both originates and terminates at a US port. (So for example, to go back to the Bahamas, no passport needed, just a birth certificate.)

Thanks for your help, aardvarc and cbg.

The child is about 11.

While a passport is not required for any cruise that originates and terminates at a US port, we would not be able to fly back to the States without valid passports in case of an emergency. Also, I am interested in visiting other countries by air so a passport for the child is needed. I mentioned my earlier cruise to the Bahamas as a possible evidence to the judge to show that I do not plan to flee with my child. I had the valid passport of my child with me during that cruise.

Again, I am asking this for a reason.

Is there a necessity for foreign travel at this time? Family emergency? Work transfer or work requirement? Or are we talking about vacations?

We are talking about vacations and family visit only, since my parents live in China as well.

This is not my area of expertise; I'm talking primarily common sense. There are others here who know more about this than I, and if they disagree with me, I will defer to them.

But my thought is that you are unlikely to get a court order allowing you to take the child outside the country for a vacation, if the mother is not willing to sign for the passport. For a family visit, a very, very weak maybe.

cbg, thanks very much for your help.

My divorce decree is from MN and mine does say that I am allowed to travel abroad with the minor.

However, if the ex spouse is refusing to sign the consent form, you will also need to ask for specific language (per Dept of State) that says that you "are allowed to apply for a passport".

I'm no expert so I don't know whether MD courts would allow it or not but, if you are going to try to get that permission from the court, you should definitely word it so that you can apply for the passport on your own. Permission to travel abroad means squat to the Dept of State if you don't have specific permission to APPLY for the passport and your ex spouse isn't all that eager to sign off on that consent form. (A lesson I just learned...)