International Child Relocation

B. When the Other Parent Does NOT Agree (No Consent)

If the other parent doesn’t give permission, it can be very risky to move the child unless:

• The other parent legally has no custody or visitation rights (for example, due to a court order or because paternity hasn’t been legally recognized), or
  
  
• A court order specifically allows the move.
  
  

Here’s why moving without consent can be dangerous:

It Might Be a Federal Crime

Under U.S. federal law (the International Parental Kidnapping Act), taking a child out of the country to interfere with the other parent’s rights, like custody or visitation, can be a felony. Even if the other parent only has limited visitation, taking the child without permission could result in:

• Up to 3 years in jail, or
  
  
• A fine.
  
  

There is one exception: if you have a valid court order that gives you custody or allows the relocation, and you got that order through the proper legal process (like the Uniform Child Custody Jurisdiction and Enforcement Act), you may not be guilty of a crime.

Also, anyone who helps with the unauthorized move could face legal charges too.

It Might Be a State Crime

Each state also has laws against parental kidnapping. For example, in New York, it’s a crime for a parent to take a child from their legal custodian without permission—especially if the goal is to keep the child away long-term or move them out of state.

Other Legal Consequences

• Extradition: If a parent is charged with a crime, the U.S. could ask the foreign country to send them back. An Interpol Red Notice might be issued to arrest the parent abroad.
  
  
• Advance Notice Laws: Many states require notice—usually 30 to 90 days—before a parent can move a child if the other parent doesn’t agree. If the non-moving parent objects, a court hearing must happen first.
  
  
• Ongoing Jurisdiction: For 6 months after the move, the original state still has control over custody decisions. If the left-behind parent files a case, that court keeps authority and can order the child’s return.
  
  
• Violation of a Court Order: If a court orders the child to be returned and the parent refuses, they could face contempt of court charges.
  
  
• Hague Convention: If the destination country is part of this international treaty, the left-behind parent can request the child’s return. This usually leads to a quick court hearing and, unless rare exceptions apply, a return order.
  
  
• Foreign Enforcement: In some cases, a U.S. custody order can be recognized and enforced in foreign courts.
  
  
• Civil Lawsuits: The left-behind parent might also sue for emotional damages.
  
  

In Summary:
Moving a child to another country without the other parent’s consent—or without a clear court order—is full of legal risks. It’s always best to get legal advice before making any move.