You can probably fly overseas with your children after you divorce. However, it will likely require a bit more planning than when you and your spouse flew together with them.
Airports are subject to strict security regulations. As an adult flying internationally with minor children, you will need to be prepared to prove you are not abducting the children.
Adequate documentation is key
You will need to be able to prove several things to airline or border staff who could potentially prevent you from boarding a plane with children, as well as border staff at your destination, who could potentially refuse you and the children entry.
First, you’ll need to prove your relationship to the children. Even if they look like you and stand there calling you Mom or Dad, that won’t be enough. You’ll need paperwork to show the relationship, such as their birth certificate that lists you as a parent, as well as your passports. If your children have a different last name than you or appear to be a different race, you may face even more scrutiny.
You’ll also need to show that you have the permission of the children’s other parent, or the permission of a court, to travel out of the country with the kids. A signed letter of consent detailing the route you’ll fly and when you will return the children to the U.S. is usually best, where possible.
If there is a chance you or your spouse will want to travel overseas with the kids after you divorce, it is worth discussing it as part of the divorce process. Such planning can make things less complicated for you and the children going forward.
