If you enjoy watching television shows featuring couples pursuing a K90 visa, you are likely fascinated with international relationships. But, for divorcing Illinois parents with international families, international parenting time can quickly become a nightmare.
Child custody and parenting time
Normally, at some point in the divorce, the judge will decide how child custody will split during the divorce and after the divorce. This will include which parent will have primary custody, or if custody will be split 50-50.
If you or your soon-to-be ex-spouse have an international family or plans to live internationally at any point while your kids are minors, you need to broach the topic during your divorce. Otherwise, you may find yourself at the heart of an international parental abduction incident.
Court orders or permission
If you are the Illinois parent that is not going international, and you do not want your child taken, then your first step is to ask the court to stop it. The family law judge can order the child kept in their district, city, state or in the United States.
Before law enforcement can intervene, they will need such an order, especially according to the International Child Abduction Prevention and Return Act.
On the other hand, if you want to avoid being taken away in handcuffs at the airport, you should ask the family law judge for specific permission to take the child out of the country. You may not receive permission, and if so, you need to be prepared for that as well.
This is why, if you plan on moving internationally, it may be a good idea to speak with your ex about changing the custody arrangement and coming to a mutually agreeable solution. Then, that new arrangement can be filed with the judge, who can then make the new custody order.