The increase in the global economy has seen many people increase their traveling for employment reasons (Herring, 2004). Before processing traveling requests, a parent should analyze child custodial laws applicable in their states (Stahl & Drozd, 2006). This paper seeks to analyze the parent’s right to travel out of the country and outlines why traveling has been an issue for the courts
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In the US, the Supreme Court acknowledges that every citizen has a constitutional right to travel within the states and outside the country.
Most US courts recognize that a custodial parent’s right to travel outside the country can only be infringed when compelling state interests exist (Stahl & Drozd, 2006).
For traveling to be warranted, traveling initiatives should prove that they are aimed at improving the children’s welfare (Standley, 2001).
Before traveling with a child, a parent should seek permission from the ex-spouse or the court.
In case a parent fails to seek the other parent’s permission or the court’s permission, he or she will be liable to abduction charges (Youngman, 2012).
Cretney, S. M. (2000). Family law (4th ed.). London: Sweet & Maxwell.
Herring, J. (2004). Family law (2nd ed.). Harlow, England: Pearson Longman.
Stahl, P. M., & Drozd, L. (2006). Relocation issues in child custodial cases. New York: Haworth Press.
Standley, K. (2001). Family law (3rd ed.). Basingstoke: Palgrave.
Youngman, A. (2012). International parental child abduction (9th ed.). Washington, DC: U.S. Dept. of State, Bureau of Consular Affairs.