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International Travel Concerns for Your Children During Your Long Island Divorce

by | Jan 2, 2018 | child custody and support, divorce, divorce lawyer long island ny, Family Law Attorney, Family Law Lawyer, News and Events

With the winter recess upon us, many of our Long Island divorce clients have planned plan vacations with their children. For many, the winter recess time is a nice break from the stresses of work, school and your divorce. It’s a great time for you and your children to relax and let them be children, without the added stress of your divorce. This can also be a cause of concern for many clients, as their spouses are taking their children out of the country.


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Preventative Measures You Can Take to Protect Your Children

#1. Stipulation of Settlement

Throughout the pendency of your Long Island Divorce, your attorney will be working on reaching a Settlement Agreement with your spouse. Such an agreement will be recorded in a Stipulation of Settlement. Contained within that document will be language regarding international travel with your children. Such language may include provisions allowing one parent to hold the passports, or the exchange of itineraries (complete with return flights) before the passports are exchanged, or, in extreme cases, banning international travel completely. While this may not seem like a big deal, it can greatly increase your peace of mind knowing where your children are while traveling internationally. It may also help you notice if something does not seem right.

#2. Passports

As previously mentioned, while drafting your Stipulation of Settlement, your attorney should address the issue of international travel, including provisions regarding your children obtaining passports. Notwithstanding, in 2002, New York State made it mandatory for both parents to consent to the issuance of a passport to a minor child under the age of 14. If you have a reasonable severe concern that your spouse is not going to return the children, withholding your consent may be in your best interest. Alternatively, if your children already have a passport, you can ask the court to hold the passports during the pendency of your divorce if you are truly concerned about your spouse fleeing with your children.

#3. Department of State

One of the most effective preventative measures is offered by the federal government. In recognition of the very real situation in which a parent may flee the country with his or her children, the Department of State created the “Children’s Passport Issuance Alert Program.” If the child is under 18 years of age, a parent may enroll the child in this program. Once your child has been successfully enrolled, the Department of State will notify you if an application for a passport has been submitted for your child. Alternatively, if your child already has a passport, upon being successfully enrolled, you will be alerted if an application to renew your child’s passport has been received by the Department of State. While they cannot tell you who submitted the application, just receiving the notification is sometimes enough to halt whatever your spouse may be planning. If you elect to enroll your child in this program, it is very important that you keep your account information up to date, as incorrect information may cause your child to be issued a passport without your knowledge.

Questions About Child Custody and Visitation on Long Island?

To learn more about what you need to know about Child Custody on Long Island, visit this page on Child Custody or contact us at 631-923-1910 for a complimentary consultation

Questions Regarding Your Child’s International Travel? Contact Us

If you have further questions regarding international travel and the obtaining of passports for your children during your divorce, please contact our Long Island Divorce and Family Law firm at 631-923-1910 to set up your complimentary consultation with one of our experienced attorneys.

Call 631-923-1910 or fill in the form below

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Ann Masten
Ann Masten
17:48 12 May 20
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Everett Roberts
Everett Roberts
14:30 18 Mar 20
Going through a divorce was very challenging and emotional. Searching for an attorney can be challenging as well when you consider everything that is at stake. The choice I made to work with Rob Hornberger was surely the best choice available. His professionalism, expertise, and understanding made him and the entire team perfectly suited to achieve the outcomes I desired. Rob was always available to answer my questions and give me advice and legal considerations that affected my situation. The support I received from his staff was exemplary as well. The staff was courteous, kind, and also very professional. Thank you so much Rob and team for a worry free experience.
Annemarie Cusumano
Annemarie Cusumano
21:41 17 Mar 20
Being in family court especially when your children are on the line is extremely emotional and stressful but working with Robert and Christine put me at ease and made the process as pleasant as a situation like that can be. I have a now 3 year old daughter (who is the most important person in my life) and I've been working with them for over two years since my daughter was 7 months old, the case has been up and down and through it all Rob and Christine have never given up. My original case was due to a neglect charge. Cps is not easy to work with, but Rob and Christine were vigilant and I ended up getting my daughter back within 8 months and did not have to plead guilty to the neglect. Currently I am in family court to figure out a custody agreement. They are professional, empathetic, and patient. They have always explained everything thoroughly, informed me of all my options and advised me of what my best option would be. They always respond quickly when I contact them with questions or concerns and most importantly they fight for me in court and don't give up even when things get rough. Before hiring Rob and Christine I met with other attorneys who did not make me feel confident or comfortable at all about my case, so I am very grateful to have found Rob and Christine and to be represented by such great attorneys. I highly recommend them for any family court matters and will definitely continue to use them in the future if needed.
Steven Frierman
Steven Frierman
02:25 07 Mar 20
After meeting with 3 different lawyers, we felt Robert understood us best and he genuinely had our best interests at heart. This helped us resolve a few minor issues in a timely fashion and make a potentially stressful situation go more smoothly.Thank you
Randi Gottlieb
Randi Gottlieb
18:47 03 Mar 20
Hornberger Verbitsky, P.C. - Mr. Robert Hornberger and his staff are beyond professional, they quickly gave me my consultation appointment, and helped me with an after-Divorce issue. Mr. Hornberger was empathetic and explained to me what I should expect. Mr. Hornberger was extremely professional and advised me of my options, he helped me proceed with accurate and smart decisions. I wish I had Mr. Hornberger and his highly recommended staff when I was getting divorced. I would highly recommend Robert and his staff to anyone who is getting a divorce or in need of help with situations after the divorce!


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