Can a Parent Leave the Country Without the Other Parents Consent

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

I am planning on taking my daughter to Germany next year to visit my family. We will be going during summertime and stay for about 2-3 weeks. Currently my Ex and I are not on good terms at all and I am afraid that he will not allow me to leave the country with her. I know I need a written permission and there is a change that the airport will call him to verify. (That's what I was told from other people traveling with children without the other parent)

Is there a way to get a court order or something similar that allows me to travel to another country (even if its just restricted to one specific one) without the other parents permission? Can I get a passport without his permission if its allowed by the court? We have shared legal and physical custody. I know its still a long time but courts are slow and I want to make sure everything is ready to go when summer gets here.

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Quoting kathak

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

I am planning on taking my daughter to Germany next year to visit my family. We will be going during summertime and stay for about 2-3 weeks. Currently my Ex and I are not on good terms at all and I am afraid that he will not allow me to leave the country with her. I know I need a written permission and there is a change that the airport will call him to verify. (That's what I was told from other people traveling with children without the other parent)

Is there a way to get a court order or something similar that allows me to travel to another country (even if its just restricted to one specific one) without the other parents permission? Can I get a passport without his permission if its allowed by the court? We have shared legal and physical custody. I know its still a long time but courts are slow and I want to make sure everything is ready to go when summer gets here.

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Its time to start the process now. Ask him point blank if he will sign for her passport and sign a permission slip for her to travel to Germany with you for vacation. If he refuses, then you need to immediate file in court. Do not delay at all.

I am planning on getting it started now. If he denies, what do I file in court? We already have a date next month in court since he isnt paying support.

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Quoting kathak

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I am planning on getting it started now. If he denies, what do I file in court? We already have a date next month in court since he isnt paying support.

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You file a motion asking the judge to order him to sign for the passport and to sign the permission form for you to travel to Germany with your child. There isn't going to be a preprinted form for that. You are going to have to write your own motion. Or, in the alternative, hire an attorney.

Does he have reason to believe you will not return to US with the child?

Absolutely not. I was thinking about going back for a year or so but I would lose my greencard if I would do that and its not worth it. I talked to him about that last year and he was actually okay with it. But that was last year. This year has been extremely difficult with him. No pick up on his weekends, when he does come he is late, making changes without proper notice and so on. He is currently not paying child support to teach me a lesson (his words) therefore I want to make sure I have everything I need for the trip.

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Quoting kathak

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Currently my Ex and I are not on good terms at all and I am afraid that he will not allow me to leave the country with her.

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Your ex-what? Ex-husband? Ex-boyfriend? Ex-something else? If he's not an ex-husband, has paternity been established, and is there an existing custody order? If so, what (if anything) does it say about either parent leaving the state or country with the child? How old is the child?

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Quoting kathak

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Currently my Ex and I are not on good terms at all and I am afraid that he will not allow me to leave the country with her.

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Does your child have a passport? If not, I suggest you carefully read this.

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Quoting kathak

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there is a change that the airport will call him to verify. (That's what I was told from other people traveling with children without the other parent)

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"The airport" will not (and is not capable) of making any phone calls. Anecdotally, I can tell you that both my spouse and I have traveled with our children, and without the other parent, numerous times, and no airport or airline employee has batted an eye.

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Quoting kathak

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Is there a way to get a court order or something similar that allows me to travel to another country (even if its just restricted to one specific one) without the other parents permission? Can I get a passport without his permission if its allowed by the court?

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Yes and yes.

I never had a problem traveling on my own with my child either. However, I have heard that Germany is particularly strict on the issue.

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Quoting kathak

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Absolutely not. I was thinking about going back for a year or so but I would lose my greencard if I would do that and its not worth it. I talked to him about that last year and he was actually okay with it. But that was last year. This year has been extremely difficult with him. No pick up on his weekends, when he does come he is late, making changes without proper notice and so on. He is currently not paying child support to teach me a lesson (his words) therefore I want to make sure I have everything I need for the trip.

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And you do not think this is a problem ...

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Quoting OKisNotOK

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And you do not think this is a problem ...

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I think OP was saying that this had occurred to her but she has since discarded the idea.

The fact she considered it makes it reasonable for the child's father to be wary of her intentions. The fact she discarded the idea because of her green card and not the father's relationship makes it even worse. She should not be trusted to act in the child's best interest with a relationship with the father.

(I am not defending his non-payment of support.)

I do understand where you are coming from but I have no interest in leaving the country. I just paid over $500 to renew my Greencard. I have a good life and a good paying job now. Things I did not have when I was considering going back to Germany for a year last year. Unfortunately, the childs father has not much interest in her. He constantly misses or shortens his weekends. I have never, and will never do anything that might be an issue for my daughter to have a relationship and see her father on a regular basis. Btw, he actually allowed me to take her to a state at the other side of the country and while were there for over 2 month he stopped calling or asking about her after 27days. After we came back, he did not ask about her or talked to her from Feb-May. He is the one that does not have the best interest with his relationship with his daughter.

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Quoting llworking

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I never had a problem traveling on my own with my child either. However, I have heard that Germany is particularly strict on the issue.

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Yes, they are. Especially in regards to entering the country with different passport. And my daughter is dual citizen, so she will need both.

We have done all the court paperwork. My daughter is almost 5. He is my ex boyfriend. Paternity, custody and all that has been established. It does not say anything about a parent leaving the country with the child.

I believe they do make phone calls as it has happened to my friend before. She told me it was because she and her children have a different last name. But yes, I could be absolutely wrong about that.