Contested divorces involving child custody are often very stressful experiences. Unfortunately, these complexities can also arise after the separation has been finalized, such as traveling abroad with children after a divorce. An experienced and compassionate New Jersey family law attorney can help you sort out any difficulties that you may be facing.
Traveling Abroad with Children After a Divorce
When one parent decides to take children on a trip abroad after a divorce, this often leads to conflict, stress, and re-litigation. It’s best to anticipate this issue and come to an agreement in mediation. Can you anticipate reasons for the children traveling abroad – like family members in other countries? Is there a fear that one parent might flee the court’s jurisdiction with the children? If you feel this way, you should notify your attorney at the start of the divorce process, so your attorney can inform the judge at the proper time. Consider, too, that both parents have to agree before children can obtain passports. If your children don’t already have passports and you anticipate wanting to travel abroad, make sure you broach the subject in mediation, and try to avoid re-litigation.
Relocating to Another State
Relocating with minor outside New Jersey is one of the most difficult legal battles a divorced person, or person seeking divorce, can face. The court considers many factors in response to a request to relocate outside of the jurisdiction, including the child’s ties to the community, any extended family members who live in New Jersey, and how this move will impact the non-moving parent’s custody and parenting time plan.
One spouse wanting to move to Brooklyn from northern New Jersey is almost a non-event. Although a court order is required, the process is much less difficult than it would be if the contemplated move were from New Jersey to Los Angeles, for instance. In all cases, the court will ask questions like these: How will you facilitate adequate parenting time for the non-moving parent? How will you maintain the child’s family ties within New Jersey? What kind of plan can be established so that the child can communicate with the non-moving parent? Could that other parent move, along with the family, even though you’re no longer a cohesive family?
It will never be as simple as, “I’m buying a plane ticket. I have a new job, and I’m leaving the state of New Jersey.” Getting a court order that allows you to move is a time-consuming process and, if you’re even contemplating such a move, you should begin discussion with your New Jersey divorce attorney early on.
Thinking About Traveling Abroad with Children After a Divorce? Contact Our Office First
If you are having difficulties with your ex-spouse about traveling abroad with children after a divorce, our Montclair child custody attorney can help you speed up the process. Contact our office today to schedule a consultation with a compassionate team of dedicated family law attorneys.