Do I Need Permission to Travel with My Child?

 Posted on May 18, 2025 in Child Custody

If you are a parent planning to travel with your child, especially outside the United States, you may be wondering whether you need the other parent's permission. Even in cases where you have primary custody, known as "parental responsibilities" in Illinois, traveling across state lines or international borders can raise legal questions — and problems — if you are not prepared.

Our Batavia family law attorney helps parents protect their rights and prevent custody disputes. We offer free consultations and clear legal guidance for those who want to travel safely and legally with their children.

When Do You Need Permission to Travel with Your Child?

In general, whether you need permission depends on the terms of your parenting plan, sometimes called a custody order. Some parenting plans specifically outline travel requirements, while others are silent on the issue. Here are common situations where permission may be required:

• Traveling out of state: Some parenting plans require notice or written permission for out-of-state trips, especially if they interfere with the other parent’s scheduled time.

• International travel: If you want to take your child out of the country, you almost always need the other parent’s consent. This is because both parents must authorize the issuance of a child’s passport, and many countries require proof of parental permission at border crossings.

• Sole vs. joint custody: If you have full parental responsibilities, you may have more freedom to make travel decisions. However, it is still a good idea to confirm the details with a lawyer.

If you are unsure what your parenting plan allows, or if your child’s other parent is uncooperative, speak with an attorney before making any travel plans.

What If the Other Parent Refuses to Consent to Traveling with Your Child?

When one parent refuses to give permission, you may need to go to court and ask a judge to approve the trip. You will need to explain why the travel is in your child’s best interest and show that it will not interfere with the other parent’s rights. Having travel details in writing — including the destination, dates, contact information, and return plans — can help your case.

You should never attempt to travel without required permission. Doing so may be seen as violating a court order and could damage your custody rights in the future.

Why Work with a Child Custody Lawyer Before Traveling?

Travel disputes can be stressful and emotional, especially if you are planning an important trip like a family reunion, wedding, or visit to your home country. A knowledgeable custody attorney can review your court order, help you get the required permissions, or represent you in court if necessary.

Our firm provides clear advice and personal support to parents who want to do the right thing while still making the most of their time with their children.

Contact a Batavia, IL Child Custody Attorney

If you are planning to travel with your child and are unsure of your rights, contact a Kane County, IL child custody lawyer at Van A. Larson Law, P.C. for a free consultation. We will review your custody order and help you take the right steps so your trip goes smoothly. Call 630-879-9090 today.