Legal Question in Family Law in Minnesota
Child Passport
My ex-husband and I have a 7 year old daughter. I am currently taking him to court for not following our divorce decree and a reviewal of child support. His response is to require the court order me to allow her to travel to his home country of Senegal. I have already put her on the list with the state department with issuance of passports for a minor. I did this back in 2004. He is very irresponsible and I am very concerned for her safety while she is there. I told him when she is 15. Can the court order me to do this? What can I do to stop this?
1 Answer from Attorneys
Re: Child Passport
The court may order that a parent has a right to travel internationally with a child. At the same time, the Court also has authority to order that the child may not travel internationally, or even outside of the state. If you are opposed to the proposed travel to Senegal, you must timely file responsive pleadings explaining your basis for not wanting the child to travel to Senegal with her father. The court may consider the child's best interests including the child's age and maturity and the relative safety of the travel among other factors. In addition, the court may consider any risks that the child may be wrongfully retained in the foreign country and the difficulty of obtaining the return of the child if a parent does not cooperate. In opposing international travel, it is important that you provide the court with sufficient and compelling information to allow the court to make an informed decision about the proposed international travel. If you fail to provide sufficient information, the court may find that it is without sufficient information to oppose the travel.