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How courts address flight risks when arranging a parenting plan

On Behalf of | Feb 2, 2024 | Child Custody, Parenting Plans |

Sometimes, child custody disputes can be so severe that they require legal intervention from a judge. These situations can present various issues, including flight risks, if one of the parents shows tendencies to flee with the child. If this possibility exists, the court is responsible for enforcing restrictions to prevent these violations from happening while respecting both parents’ rights.

Running away with the child can be a clear violation of the court-issued parenting plan, making it a severe offense. If the evidence proves the existence of these flight risks, the court can implement the following to protect the child’s welfare:

  • Issue an order prohibiting the parent from going outside the state or country with the child unless they receive notarized consent from the court or the other parent.
  • Set restrictions, keeping the parent and child from visiting a country that has not acceded to the Hague Convention on the Civil Aspects of International Child Abduction.
  • Impose travel restrictions involving the child’s passport, such as surrendering it to a court or listing the child on an alert program.
  • Require the parent to provide monetary security to deter them from committing abduction.

Other regulations or limitations can be applicable, depending on the family’s circumstances.

Protecting the child’s best interests

Parents can feel strongly about how to raise their children, especially if they have conflicting approaches that can escalate disputes. In these scenarios, having legal counsel as early as possible can be helpful. Having experienced insight can be beneficial when determining the most appropriate options to settle issues and minimize harm to the family. Knowing how to oversee the situation efficiently can also help seek remedies to mitigate risks, prioritizing the child and family’s needs overall.