Mar 20

Taking children on vacation outside the United States is something many parents want to do. This can be as simple as going on a cruise to travelling to another continent. Re entry into the United States requires either a passport or a passport card. So if you take a cruise you need to show a passport or a passport card to re enter the United States. The State Department has a great FAQ for passports. To apply for a passport a DS-11 Form must be filled out. If the applicant is a minor, the form must be signed by both parents. We have had some cases where one parent would either refuse to sign the application or stall on signing it. In these situations we have been able to help our clients either get a court order or have the other party sign the application. However, given the time required to get in front of a judge and then start the passport application process, the sooner this is started the better.

One reason parents give for not signing the application is a fear of the child not being returned to the United States. In many cases this is a valid fear and can be addressed by requiring the travelling parent to post a bond ensuring that they will return to the United States with the child. NRS 125D.150 sets for the procedure to get the appropriate court orders.

If you have any questions about getting a passport for your children or any other issue, please do not hesitate to contact me.

What to do when the other parent won’t agree to children traveling out of the country or getting a passport

Sep 14

Both parents have to sign the application for passports and have to agree to allow the children to travel outside the country. What happens when one parent wants to get a passport and travel out of the country and the other parent says no? We have had this situation a few times. The parent who wants to get the passport and travel outside the country must file a motion for court authorization to do so. The last time I filed such a motion I took the order authorizing my client to get the passport and travel outside the country to the hearing. At the hearing the other parent said they would sign the documents and I then presented the court with the order. My client was then able to fill out the proper form at the Department of State, get the passports for the children and then travel out of the US.

Some parents base their objection to travel outside the US on the fear that the parent won’t return with the children. If that is a valid fear they can ask the traveling parent to post a bond. Also, many countries where parents want to travel with the children are signatories to the Hague Convention which is a mechanism designed to help return children in parental kidnapping cases.

If you have any questions please do not hesitate to contact us.