Most California parenting plans focus on ordinary issues such as weekly schedules, holidays, transportation, and decision-making. Some custody cases present a more serious concern: the possibility that a parent may take the child and prevent the other parent from exercising custody or visitation.

When a California family court determines that there may be a risk of child abduction, it can include specific child abduction prevention measures in the custody and parenting plan. These orders can address travel, passports, supervision, relocation, and other safeguards designed to reduce the risk that a child will be wrongfully removed.

Can the Court Require Supervised Visitation or a Financial Bond?

Yes.

Supervised visitation is one measure the court can consider when preventative protections are needed.

The court may also require a parent to post a bond in an amount sufficient to create a financial deterrent against abducting the child. If an abduction occurs, proceeds from the bond may potentially help offset expenses associated with recovering the child.

The appropriate protections depend on the circumstances. California courts do not need to impose every possible restriction simply because parents disagree about travel.

The focus is on measures appropriate to the identified abduction risk.

Can the Court Restrict Passports and International Travel?

A California custody order may include measures involving passports and travel documents.

Potential protections include requiring surrender of a child’s or parent’s passport, prohibiting a parent from applying for a new or replacement passport for the child, and requiring notification to a relevant foreign consulate or embassy concerning passport restrictions.

International cases require particular caution because a California court order may be difficult to enforce after a child has entered another country.

Foreign countries have their own custody laws and enforcement procedures, and a California order does not automatically control what a foreign court will do.

What Travel Information Can a Parent Be Required to Provide?

When travel is permitted despite concerns, the parenting plan can require information designed to provide greater accountability.

This may include the child’s itinerary, copies of round-trip airline tickets, and addresses and telephone numbers where the child can be reached.

In some situations, an order may require additional protections before international travel occurs.

Although these provisions can be useful, documentation alone cannot guarantee that a child will be returned if a parent deliberately intends to violate the custody order. International custody disputes can become especially difficult once the child is outside the United States.

Abduction Prevention Is Most Effective Before a Child Is Removed

When there is a legitimate risk of parental child abduction, prevention can be far more effective than attempting to recover a child after removal.

A carefully drafted California custody order can establish clear travel restrictions, passport requirements, supervision, notice provisions, and other preventative measures.

Parents facing genuine abduction concerns should address those issues before planned travel or relocation occurs. Once a child has been taken to another state or country, jurisdiction and enforcement can become substantially more complicated.