Summer is prime season for international travel, and for separated or divorced parents a trip overseas raises questions that a domestic vacation does not. Two issues come up most often: getting the child a passport when the parents do not agree, and making sure a trip abroad does not turn into a child who does not come home. California and federal law both give you tools, and it helps to understand them before you book anything.
The passport rule for children under 16
For a United States passport, a child under the age of 16 generally cannot get one on the say-so of a single parent. Federal regulation requires that both parents or legal guardians execute the application, or that the applying parent show the other parent's notarized consent on Form DS-3053, or provide documentary proof of sole authority such as a court order granting sole legal custody or a birth certificate naming only one parent (22 C.F.R. section 51.28). This two-parent consent rule is often the first place a travel dispute surfaces. If you share legal custody and the other parent will not sign, you cannot simply obtain the passport on your own.
When parents cannot agree, the decision can be brought to the family court as a legal custody question. The court decides based on the best interest of the child, the same standard that governs custody generally under Family Code section 3011.
Preventing a trip from becoming a wrongful retention
If you are worried the other parent may take the child abroad and not return, California law is built to help. When a court becomes aware of facts suggesting a risk of abduction, it must decide whether protective measures are needed (Family Code section 3048, subdivision (b)). The statute lists risk factors a court weighs, including prior attempts to take or conceal a child, threats to abduct, strong ties to another country, and steps like applying for a passport or selling a home. If the court finds a risk, it can order measures such as supervised visitation, posting a bond, surrendering passports, or restricting travel.
Every California custody or visitation order is also required to identify the child's country of habitual residence (Family Code section 3048, subdivision (a)). That single line matters, because it connects your order to the Hague Convention on the Civil Aspects of International Child Abduction, the treaty that provides a return remedy when a child is wrongfully taken to or kept in another member country.
The Children's Passport Issuance Alert Program
One practical, no-cost step is enrolling your child in the Children's Passport Issuance Alert Program run by the United States Department of State. Once a child is enrolled, the Department notifies the enrolling parent, guardian, or attorney if someone applies for a passport for that child. It is important to understand the limits: enrollment does not by itself stop a passport from being issued, and it does not stop travel if the child already has a valid passport. It is an early warning system, not a lock. Used together with a clear custody order and, where appropriate, a court order limiting the child's passport, it gives you time to act.
Practical steps before you travel
Read your custody order first and follow any travel or notice provisions it contains. If you plan to take the child abroad, give the other parent written notice with your itinerary and contact information. If you are the parent staying home and you have real concerns, raise them with counsel early rather than the week before the trip, because protective orders take time. If the other parent refuses reasonable consent for a legitimate trip, the court can resolve it.
Frequently asked questions
Can I get my child a passport without the other parent's consent? Usually not if your child is under 16 and you share legal custody. You generally need both parents to apply, the other parent's notarized consent, or proof of sole legal authority (22 C.F.R. section 51.28).
The other parent is threatening to keep our child in another country. What can I do? Act quickly. A court can order abduction-prevention measures under Family Code section 3048, including passport surrender and travel restrictions, and the Hague Convention may provide a return remedy for member countries.
Does the passport alert program stop my child from traveling? No. It notifies you when a passport application is filed, but it does not block issuance on its own and does not stop travel on an existing passport.
This article is part of the Summer Travel and Parenting Time series.