Can You Travel With Your Child After a California Divorce?
Quick Answer: It depends on your custody order. If the order is silent, you generally need the other parent's consent for out of state or international travel, and a passport for a child under 16 requires both parents to sign. When there is any risk of abduction, a court can restrict travel and require passport surrender under Family Code section 3048.
Travel with children after a divorce sounds simple until a passport application stalls or a parent objects to a trip. The rules turn on your custody order and on federal passport law. Before you book anything sensitive, call The Geller Firm at (415) 840 0570 to speak directly with Attorney Michael Geller.
Start With Your Custody Order
Your custody order controls, so read it first. Family Code section 3048 requires custody and visitation orders to include a clear description of each parent's rights and to identify the child's country of habitual residence. Many orders also spell out travel rules directly. If yours addresses travel, follow it. If it is silent, the default expectations below apply.
Traveling Within the United States
If your order does not restrict domestic travel, you generally can take the children on a trip during your own parenting time, as long as it does not interfere with the other parent's schedule. The safe practice is still to give notice and get written agreement, including dates, destination, and contact information. That written record prevents a good faith trip from turning into a custody dispute.
Traveling Internationally
International travel raises the stakes, because a child taken abroad can be far harder to bring back. Beyond your custody order, you have to deal with passport rules and, in some cases, the other country's laws. A written consent letter from the other parent, with the trip details, is standard and often requested at borders.
Getting a Passport for Your Child
Under federal rules, a child under 16 generally needs both parents to appear and sign for a passport. If one parent will not cooperate, you may need a court order authorizing issuance. A parent worried about abduction can enroll the child in the federal Children's Passport Issuance Alert Program, which notifies an enrolled parent if a passport application is submitted for the child.
When a Court Restricts Travel Under Section 3048
If the court sees a real risk that one parent may abduct a child, it can add prevention measures to the order, including:
• Surrender of passports and other travel documents.
• Travel restrictions, such as barring travel outside a defined area without permission.
• Relocation restrictions, requiring advance notice and written agreement or court approval before moving with the child.
• A bond large enough to deter abduction, and notice to a foreign consulate of any passport restriction.
Courts weigh factors like prior threats to take the child, planning activities such as quietly applying for a passport, and any history of abuse or domestic violence.
Frequently Asked Questions
Do I need permission for a weekend trip out of state?
Check your order. If it is silent and the trip falls in your parenting time without disrupting the other parent's schedule, you generally can go, but get written agreement to be safe.
What if the other parent will not sign for a passport?
You can ask the court for an order authorizing the passport, which substitutes for the missing signature.
What if I fear the other parent will take our child abroad?
Act quickly. Ask the court for section 3048 measures, enroll in the passport alert program, and know that taking a child in violation of custody rights can be a crime under Penal Code section 278.5.
Speak With a California Family Law Attorney
Travel questions are easy to get wrong and costly to fix after the fact. The Geller Firm helps parents across the Bay Area handle travel, passports, and abduction concerns the right way. You will speak directly with Attorney Michael Geller, in person or virtually. Call (415) 840 0570 or reach us through gellerfirm.com to schedule a confidential consultation.