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Why Travel Bans Exist During Divorce: 7 Things You Need to Know

Travelers Today       By    David Thompson

Updated: Aug 16, 2022 01:08 PM EDT

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Divorce is not pleasant, but we understand that things do not always work out. If you are going through the divorce process, you might want to take a break and go on a vacation outside of the country, but there are some restrictions.

There are many reasons behind these restrictions, but all of them are made to ensure the safety and security of all parties. 

If you, too, are going through the divorce procedure, you might want to look at the things this article offers.

Why the Restriction?

The primary reason for putting travel restrictions is the risk of escaping. Many parents try to take their kids away on vacation and do not tell the other parent where they went. They do this to ensure the other parent does not get to see their children.

This is highly discouraged by the children's safety law as it is stated that the children must be in touch with both parents even after the divorce unless the parent is harmful and may endanger the children. 

A travel restriction is made to ensure both parents get to see the children regularly. 

Things You Must Know During Divorce

1. Get Proper Authorization

As we mentioned, the court does not allow you to travel to distant places with your kids. Many parents scam the other parents by doing so and block all sorts of communication between the children and the other parent.

If you still want or have to travel, then think about getting proper authorization. You can get it done by contacting your lawyer. The lawyer will then prepare all necessary documents that will validate your travel. 

A prenuptial agreement ensures the right of personal assets after the divorce. While you are at it, also think about getting one.

2. Be Back When Necessary

Since the divorce trial is still underway, you need to be able to arrive at court at any given notice. If you fail to do so, chances are, you will lose custody of the kids, and the court will see you as a bad parent.

So, it is wise to travel to places near your home or the court, such as traveling to a different city or county. 

Going abroad would be a very bad choice during the trial. You can travel alone as much as possible after the trial. But you need to be ready as the court may call you anytime.

3. Know the Rules

You need to know the proper travel rules for parents that are going through the process of divorce or already have been divorced. Because the laws may differ from state to state, not knowing all the rules is one of the most common mistakes travellers make.

That is why you must seek a proper lawyer who excels in divorce and travel laws.

Not knowing the rules will be a major disadvantage. The opposing party can outwit you, and you may never get to see your children.

4. Know Where the Other Parent is Going

You might be aware the other parent is going to a different area and taking the kids with them for refreshment. They bring the papers, and you are ok with that.

However, it could be a huge problem if you do not know where they are going. 

For example, if they travel inside the country, then that is no big issue. However, if they travel to another country, then there is no way you can get them back. The other country has no obligation to return the kids to you. However, this form of abduction is extremely rare but not impossible.

5. Seek Aid from the Court

You need to legalize your trip even if no kids are involved. Without proper legalization, your trip may be invalid, and your opposing party will get a better hold of you.

For example, if you have shown proper documents for your travel, your partner can still oppose and bring the issue to court. Then you have to state your purpose to the judge before the court. If your travel is justified, then your travel will be legalized, and your partner will have no say in it.

6. Know the Penalties

Since we have already discussed the things you need to do, let us take a look at the consequences of not being able to do them.

First of all, if you travel despite the warnings from the court, you will receive a travel ban worldwide, and the duration is dependent on the court's decision. 

You may lose all custody over your children, and your partner will be able to see the kids. You may even be considered an abductor and receive jail time.

7. Discuss Between the Partners

The court advises you to discuss any decisions you want to take with your partner before you come to court. The court does this as they believe that making decisions together might change your mind about the divorce.

So before you come to court, you can discuss the trip with your partner. If your partner has no problem with the travel, you can just go with the standard procedure and provide the documents to the court. 

Some laws state that if the other partner wants to go on the tour as well, you need to take them unless there are valid reasons to prevent them from joining.

Final Thoughts

Divorce is already a hard thing. So many people want to refresh their minds by going someplace else that helps clear their mind and prepares them for a new beginning. 

To make sure that your trip is enjoyable and does not have any backlash, you need to follow all the legal procedures. If not, your trip will be a bigger headache than divorce as there will be a lot of laws against you. 

As mentioned before, you could even face jail time. Hope this article has helped you better understand the whole issue so you can avoid any unwanted incidents.

See Now: The U.S. had the highest number of Most Wanted properties, dominating the Hotels.com Loved By Guests Awards 2018

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