Plano Divorce Lawyers Blog

Among the many issues facing divorcing parents is how or when passport issues might affect them and their child in the future. Until recently, the children's passports were often an overlooked issue in Texas divorces. Because of the increase in international travel, international marriages and the security issues presented by international marriages, the isssuance and maintaing of passports for children has become a much more important consideration. Experienced family law attorneys, particularly those in a high-tech area such as Plano, are mindful of the unique situations that can arise with passports and strive to educate parents on these issues.

Plano family attorneys advise divorcing and divorced parents about carefully considering international travel and what safeguards a parent wants in place when international travel is being contemplated. More significantly, however, is that the obtaining and use of passports has become a huge issue due to international child abduction. With international marriages increasing in number, the number of divorces among international citizens is also increasing. When international citizens are involved in a divorce, passport issues can become a critical element in preventing a parent from hiding the children in a foreign country, particularly one that is not a member of the Hague Convention.

The 1980 Hague Convention on the Civil Aspects of International Child Abduction is an important agreement in protecting parents and children who have or could become victims of international abduction. This international child custody agreement sets forth procedures and requirements to aid in the return of children who are wrongfully removed from a country. These procedures help simplify and expedite the process of getting children back.

A list of countries that have signed the Hague agreement can be found here. Eighty-Five countries have signed the agreement. However, some countries that might be expected to sign have not. For example, Japan is one country that has not signed the Hague agreement. The New York Times reports that the Japanese cabinet is now taking steps toward getting the proper legislation in place to sign the agreement, but the actual signing may take a while.

Divorcing parents need to be mindful of which countries have signed the Hague agreement because, without the procedures and requirements set forth in the Hague agreement, a child might never be returned. Our Plano family law attorneys are mindful of the Hague agreement and help divorcing and divorced parents understand these complex passport issues so that parents can make the best decisions for the safety and welfare of their children.

Child custody disputes are difficult enough without the added complication of the threat of a parent taking the child out of the country, particularly to a country that has not signed the Hague agreement. Our attorneys routinely include language in a custody agreement or custody order that provides for the conditions under which a passport for a child will be obtained, how and by whom it will be maintained and the procedure for one parent being permitted to have possession of the passport so the child can travel internationally. If the custody dispute includes a concern that a parent could remove the child from the United States to a country not a member of the Hague Convention, a family law court can and should order special provisions that give added protection for the child.