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Can My Foreign Born Spouse Relocate with My Children Following Our Divorce?


As it becomes easier and easier to travel to and from foreign countries and technological advances continue to make communication less complicated, maintaining relationships between parties who live in different countries has also become easier than ever. Unfortunately, hailing from different countries can make the divorce process much more complicated in the event that a couple decides to end their marriage. This is especially true for couples with children, who may need to navigate the complex waters of international child custody laws. If you need help ensuring that your own child’s best interests are protected during your divorce and that he or she is not taken out of the country without your permission, you should consider speaking with an experienced Fort Lauderdale child relocation attorney who can advise you.

The Issues Posed by Foreign Relocation  

It is not uncommon, even for spouses with a relatively amicable relationship, to face conflict during the divorce process. In many cases, these conflicts revolve around the couple’s children and how parenting time and responsibility will be divided in the future. These situations can become even more complicated when one of the spouses is from a foreign country and threatens to take the child out of the U.S.

Fortunately, there are limitations on where parents can take their children during and after divorce without the other spouse’s permission. For instance, the Hague Convention, a treaty entered into by the U.S. and a number of other countries helps protect children from international abduction and ensures that family law court orders are enforced. There are also other federal safeguards in place that require both of a child’s parents to provide consent when applying for a minor’s passport. If consent is not provided, the request for the passport will automatically be denied.

Court Orders  

Those who believe that their former spouse’s threat to take the couple’s children out of the country is legitimate often have the option of requesting an emergency order that forbids either parent from taking the child out of the country, or even the state. Even in non-emergency situations, these orders can play an important role in helping parents understand the limits of their new childcare arrangements, as courts are also often willing to issue temporary court orders that carefully explain when, how, and where the children can travel. Finally, permanent court orders issued by family law judges at the time that a divorce is finalized can require both parents to consent before a child can be taken out of the state, let alone the country.

Call Our Fort Lauderdale Legal Team Today  

If you and your spouse have decided to file for divorce, but one of you wishes to take your children out of the country, please call 954-945-7591 today to schedule a consultation with dedicated Fort Lauderdale child relocation lawyer Sandra Bonfiglio, P.A. Initial case evaluations are offered free of charge, so please don’t hesitate to call or contact us online with your child custody-related questions and concerns. A member of our legal team is standing by and eager to begin working on your case today.


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