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Do I need the court order allowing travel AND my husband's permission to travel or will the court order be sufficient?

Egg Harbor Township, NJ |

I am seeking to travel out of country with our son for summer vacation. We have a joint custody agreement. If the court grants me the permission to travel do I still need my husband's written consent? I am also seeking court's permission to give me the authority to apply for passport since my husband will not consent to it either (our son is 2).

Attorney Answers 4


You need one or the other.

973-984-0800. Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.

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Very much depends on the order. This is not an immigration question by the way. In NJ a court order with specific language included may be sufficient.

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If your husband will not consent to the travel or to applying for a passport, you would need a Court Order allowing you to apply for the passport on your own. Depending what your Property Settlement Agreement says, you may also need the Court's permission to leave the country with your child.

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Let me give you a clear answer.

If the New Jersey Family Court has granted you permission to travel out of the country with your son you do not need your husband's written consent to do that.

However, you say that you are now "also seeking" the court's permission for authority to apply for a passport (presumably for your son), because your husband will not consent. The court could have granted that permission on your prior application.

In any event, you will need a Court Order now, authorizing you to get a passport for your son. You should go to the website Travel.State.Gov, which will tell you exactly what you need. (Go to the Passport Section of the website, Minors Under Age 16, Step 7).

If you need legal assistance, I recommend that you retain a New Jersey lawyer whose practice is devoted exclusively to Divorce and Family Law.

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