Custody order says mother and child can’t leave the state. Is that legal?

If custody order says mother and child are not allowed to leave the state, is there any chance the court would allow them to go on a vacation to another country if the father says no?

I cannot speak for all jurisdictions, but I can answer the question based upon the law where I practice divorce and family law (Utah):

First, if the court were to order a parent not to leave the state (just the parent, not the parent with the child), that would likely be held unconstitutional, as a civil court does not have the authority to infringe upon an individual’s right to travel without a compelling reason.

Second, if the court were to order a parent not to leave the state with the child, that may be within the court’s authority to do so, especially if:

  • there were evidence that you have tried to abscond with the child to a foreign country (whether the foreign country is beyond the reach of the Hague Convention) or are at risk of absconding with the child to a foreign country.
  • the custody award, such as a joint physical custody award, was conditioned upon the parties residing within a certain geographical distance of each other.

That stated, if:

  1. there is no concern about you absconding with the children to a foreign country, never to return;
  2. the foreign country to which you want to travel on vacation is not a dangerous place (i.e., a place where Americans are routinely kidnapped or killed and/or where there are wars, insurrections, and/or dangerous natural disasters occurring);
  3. there is no harm that a child would suffer by traveling with you internationally (such as a certain health or medical or mental health condition that makes international travel a serious danger to the child), I cannot see any reason why a court would deny you the right to travel to a foreign country on vacation; and
  4. there is no other compelling reason to deny you and the child(ren) the opportunity to vacation internationally,

I doubt that any court would bar you from travelling internationally with the child(ren).

Utah Family Law, LC | | 801-466-9277

Tags: , , , , , , , , , , , , , , , , , , , , , ,
Click to listen highlighted text!