Madilyn Keating Ellsworth Answers:
Illinois law requires all parents to file a Parenting Plan within 120 days of the commencement of their divorce or allocation of parental responsibilities action. As one of its requirements, Parenting Plans must include provisions and protocol requiring each parent to notify the other of interstate and international travel plans. Although dependent on the specific facts and circumstances of each case, most Parenting Plans provide that the parents must consent to the other parent traveling out of the state or country with the child.
Parenting Plans should also specify which parent will control the child’s passport, especially if a party is worried about enforcement of travel limitations in the future. Generally, interstate and international parental allocation disputes are governed by the Uniform Child-Custody Jurisdiction and Enforcement Act; however, certain cases may involve other laws such as the Hague Convention. Interstate and international parental allocation issues can be extremely complex and litigious matters. It is imperative that you work with an experienced and knowledgeable divorce firm such as Boyle Feinberg, to ensure your rights and interests are protected.