International Travel and Child Custody in Texas: What Parents in Laredo Need to Know
Co-parenting after divorce or separation comes with challenges, but these can feel even more pressing when international travel is involved. This concern is particularly real for families in border cities where international travel is common.
If you live in Laredo, Texas, and are concerned about your co-parent taking your child out of the country without your consent, understanding your rights under Texas child custody and international laws can help you make informed decisions and safeguard your parental role.
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Your Custody Order Comes First
The first place to look for direction is your existing SAPCR (Suit Affecting the Parent-Child Relationship) order. This often spells out what parents can and cannot do when it comes to travel.
Some orders require one parent to notify the other before leaving the county, state, or country with the child. Others may specifically prohibit any out-of-state or international travel without explicit permission.
If your order doesn’t mention travel, the general rule is that each parent may travel with the child during their periods of possession, so long as it doesn’t interfere with the other parent’s time. However, when international trips are involved, courts and passport offices often expect written consent from both parents, even if the order is silent on the subject.
Why Written Consent Matters for International Trips
Even if your custody agreement gives you certain rights, it’s always good practice to put everything in writing when international travel is on the table. Many SAPCR orders specifically require written consent for travel abroad, and most countries – including Mexico – requires proof of both parents’ permission before allowing entry.
If you share joint managing conservatorship, as is common in Texas, both parents typically must approve a passport application for any child under 16. Without your signature, your co-parent should not be able to get a passport for your child. If you already suspect that your co-parent may attempt to leave the country without your consent, monitoring passport applications and travel arrangements is critical.
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How Do You Monitor Passport Applications or Travel Arrangements Post-Divorce?
Once you are divorced, you don’t automatically have visibility into your co-parent’s travel plans or passport applications. Instead, your ability to monitor these comes from your court order and how you enforce it.
Passport Applications
- Federal law controls passport issuance. The U.S. Department requires the consent of both parents before issuing a passport for a child under 16, unless one parent has sole legal authority (sole managing conservatorship).
- If you have joint managing conservatorship, the other parent cannot legally apply for a passport without your signed consent.
- You can submit a written request to the State Department asking to be notified if someone tries to apply for a passport for your child. This is done through the Children’s Passport Issuance Alert Program (CPIAP). Once enrolled, the State Department will alert you if an application is received, giving you a chance to object before the passport is issued.
Travel Arrangements
- After a divorce, you don’t have a built-in right to see your co-parent’s travel itineraries unless your SAPCR order requires it.
- To get that protection, you will need to ask the court to include provisions such as
- Advance notice of travel (e.g., 30-days’ written notice before international trips)
- Itinerary and contact information, including flight details, lodging, and emergency numbers
- Prohibition on international travel without written consent from both parents
- Passport surrender clauses, requiring the passport to be held by the court or a neutral third party until travel is agreed upon.
Court Enforcement
If you believe your co-parent is making plans to travel abroad without your knowledge, you can file a motion to enforce or request modification of your order. In urgent cases, judges can issue temporary restraining orders or abduction prevention orders that block international travel until the court hears the matter.
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What If Your Child Is Taken Abroad Without Your Permission?
If your co-parent removes your child from the country without your consent, it could be considered parental kidnapping under Texas law. In addition to state remedies, federal protections may also apply.
The Hague Convention on the Civil Aspects of International Child Abduction provides a legal process for the prompt return of children wrongfully removed or retained outside their home country. The U.S. also enforces this treaty through the International Child Abduction Remedies Act (ICARA), and the International Parental Kidnapping Crime Act (IPKCA) makes it a federal crime to obstruct a parent’s custodial rights by taking a child abroad. The U.S. Supreme Court has affirmed that a parent’s right to prevent a child’s removal from the country is a form of custody right that can be enforced through these international treaties.
Protecting Your Child in Laredo, Texas
Living in a border community like Laredo can heighten international travel concerns. Families here frequently travel across the U.S.-Mexico border, and it’s essential to have clear agreements in place to avoid misunderstandings or, even worse, a violation of your custodial rights.
If you are uneasy about your co-parent’s travel plans, you will want to:
- Review your SAPCR order for travel provisions.
- Request a modification of travel protections if they are not already included.
- Seek a court order for abduction prevention if you have credible concerns.
- Consult with an experienced Laredo family law attorney who understands custody law as it pertains to cross-border travel
International travel with children can create risks when co-parents aren’t on the same page. In Texas, the custody order is the foundation of parental rights, but there are also other critical protections available. If you are concerned about your co-parent taking your child out of the country without your permission, you will want to act now by reviewing your order, documenting concerns, and seeking legal guidance.
At Melone Hatley, P.C., our highly skilled family attorneys in Laredo, TX are here to help. Call us today at 956-691-0005 or schedule a free consultation with a Client Services Coordinator through our website.
Schedule a call with one of our client services coordinators today.
