• 13
  • April
    2011

The devastation wrought by international child abduction simply cannot be overstated. Parents whose children are suddenly taken from them must not only cope with feelings of anger, sadness and anxiety, but also undertake a potential lengthy and costly child custody battle in wholly unfamiliar settings.

Furthermore, children who are suddenly removed from their familiar surroundings by an abducting parent must contend with rather drastic separation from their families and friends. Sadly, this rather traumatic experience can sometimes result in the onset of emotional or psychological issues.

Fortunately, the U.S. Department of State has offered a few steps for parents to take in order to help prevent their children from being abducted to foreign countries. Today's post, the second in a series, will continue to explore some of these steps.

Passport-related issues

In addition to securing a well-written custody decree, another method of preventing potential international child abduction is for a parent to refuse to help complete an application for a U.S. passport.

Under federal law, both parents (or legal guardians) of a child must execute/sign an application for a U.S. passport. In addition, they must provide documentary evidence proving that they are the parents/guardians of the child.

In the event a single applicant (parent, guardian, third party) is seeking a passport for the child, he or she must be able to meet the following exacting standards:

  • Provide documentary evidence showing that they are the parent/guardian and have sole custody or;
  • Provide documentary evidence showing that they are the parent/guardian and that they have the consent of the other parent/guardian or;
  • Provide documentary evidence showing that they are seeking the passport on behalf of the parents/guardians and have the consent of both parties

Accordingly, by refusing to help fill out an application, a parent can really help limit the possibility of international child abduction.

In addition, a parent can also seek to add their child's name to the Children's Passport Issuance Alert Program (CPIAP) run by the State Department. This program will alert a parent whenever an application for a U.S. passport is filed here in the U.S. or at an embassy abroad. (If the parent has a court order granting them sole custody or an order that expressly prohibits the other parent from leaving the country with the child, they may also file a copy of this, which will allow the State Department to refuse to issue a passport)

It's important to note that once a valid U.S. passport is issued, there is little a parent can do to prevent the other parent from leaving with the child. However, it is possible to ask the court or attorneys to hold onto the child's passport for safekeeping.

We will continue to explore this topic in future posts ...

If you are currently involved in a child custody/visitation rights dispute or have questions regarding international child custody, you should strongly consider speaking with an experienced legal professional.

This post is provided for informational purposes only and is not to be construed as legal advice.

Stay tuned for more from our Denver divorce blog ...

Related Resources:

Guarding against international parental child abduction (U.S. Department of State)