Travel Brief
Steps to prevent international abduction
** The information provided below is intended for informational purposes. It is not meant to provide legal advice, nor is it intended to create an attorney-client relationship. Metz, Gilmore & Vaclavek recommends that you consult with an attorney. If you would like a consultation, contact Carl Gilmore at info@mgvlegal.com, (815) 459 2844.
By Carl W. Gilmore
Metz, Gilmore & Vaclavek
Crystal Lake, Illinois
If you think your child is likely to be abducted to a foreign country, you should be concerned. Not all countries are on good terms with the United States. Even some who have good relations with the U.S. may not have strong protections against child abduction. Whether the foreign jurisdiction is on good terms or bad, international litigation is uncertain and extremely costly.
There are three questions to ask yourself in determining steps to take: 1. Does your child have a U.S. passport? 2. Is your child a citizen or eligible for citizenship in a foreign country? 3. What is the likelihood of abduction?
1. Does your child have a U.S. passport?
The United States does not have exit controls for leaving the country. This means the U.S. does not require both parents to consent to leaving the country. However, in order to leave the country for international travel, your child will need a passport.
● If your child does not have a U.S. passport and is under 16 years old, both parents need to consent to passport issuance, or the applying parent needs to show the other parent’s consent is not required.
● If the child is 16 or 17 years old, a passport may not be issued if a parent notifies the U.S. Department of State in writing that he or she objects to issuance of a passport.
● Whether the child is older or younger than 16, the parent must have custodial rights, and if there is a legal guardian with custodial rights, the guardian must consent.
● Children under 16 traveling to Canada or Mexico may be able to cross borders with only a photocopy of the child’s birth certificate.
What exactly constitutes custodial rights is difficult to predict. A judgment clearly stating a parent has sole custodial rights likely suffices. Less certain is a marital settlement agreement granting joint parenting on some issues but providing for the children’s residence. Shared custody arrangements may be viewed by the state department as providing equal parental authority.
Other permutations of “custody” may cause problems. In Illinois, for example, “custody” has been abolished, although the court is required to designate residence for federal statutes requiring a designation, even though the designation is not supposed to affect parental rights. Good luck figuring out what the Department of State is likely to do with that.
If the child does not have a passport, parents may register with the Children’s Passport Issuance Alert Program. The program will contact the enrolling parent to determine whether consent is required prior to issuing a passport.
2. Is your child a citizen or eligible for citizenship in a foreign country?
If the child has ties to a foreign country, extra alertness is required. Some countries will issue passports for a child without both parents’ consents. Others do not require a child to have a passport, but to travel under a parent’s passport.
There is little you can do to prevent a foreign country from issuing a passport. Prevention of removal is the best remedy.
● If you suspect an abduction is under way, contact local law enforcement, airport police and the airlines and notify them an abduction is occurring.
● Also contact the U.S. Department of State Office of Children’s Issues.
● Contact the foreign country’s embassy or consulate.
3. What is the likelihood of abduction?
Responses will depend upon whether an abduction is occurring or is suspected.
● If you suspect an abduction is under way, contact local law enforcement, as well as airport police and the airlines.
● Provide the court orders. Be ready to prove you have a parental relationship with the child.
● Request law enforcement to list your child as a missing person with the National Crime Information Center as soon as possible. For airlines, speak with the corporate security officer to determine if there is a reservation in your child’s name.
● Contact the U.S. Department of State Office of Children’s Issues.
If possible, obtain a court order preventing the abduction. If it is not possible to obtain a fresh order, be ready to provide copies of current court orders regarding custody.
Steps to take if an abduction is anticipated start with the court order. While consent may be required, a parent ‘s right to withhold consent depends upon custody reflected in court orders. If a judgment or court order expressly allows issuance of a passport, the passport will likely be issued. Likewise, if an order prohibits international travel, the passport and international travel will be denied.
● Make sure your court order is complete and clear with regard to international travel and passport issuance. If there is not a clear statement from a court, get one.
● Enroll in CPAIP and keep your information updated, including providing updated custody orders and contact information.
● Notify local law enforcement of the threat of abduction, and provide copies of custody documents. Consider contacting the foreign embassy.
● Request your child’s passport information. This information may include visa information that can tell you the intended abduction location.
Stay alert for changes such as major job changes or selling real estate. Be particularly vigilant if the parent has connections to a foreign country and few in the United States. Look for signs the children were told they are leaving, such as removal of treasured toys or items from your home, or the child being told of a vacation.
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Resources:
U.S. Department of State Office of Children’s Issues:
1 888 407 4747 (U.S./Canada) +1 202 501 4444.
PreventAbduction1@state.gov.
Web address for U.S. Dept. of State abduction information:
Web link for Child Passport Information Alert Program:
Carl W. Gilmore has practiced family law in McHenry County for more than 25 years. His practice areas include divorce, parental rights and placement, parentage, child support guardianship and all areas pertaining to domestic relations.
© 2020 by Carl W. Gilmore