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How do courts address flight risks in custody cases?

On Behalf of | Feb 19, 2024 | Family Law |

There is no one-size-fits-all solution to address issues involving child custody. Some families can have unique circumstances that may require specific arrangements and regulations to protect the parent’s rights and the child’s welfare. These needs are vital in Florida, causing courts to take these concerns seriously, including flight risks.

At all times, a judge must make fair decisions, allowing parents to perform their responsibilities and keeping the child safe. If there is reason to believe that either parent may hide or flee with the child, the court can enforce the following:

  • Getting mandatory written permission from the other parent before allowing a party to travel with the child out of state or country
  • Setting travel restrictions, keeping the parent from traveling with the child to a country not covered by the Hague Convention on the Civil Aspects of International Child Abduction
  • Placing strict regulations on the child’s travel requirements, such as taking their passport or putting them in a passport alert program

Sometimes, the court may also ask the parent to pay a specific amount as security, deterring the parent from fleeing with the child. A judge may also consider other options to address these risks, depending on the family’s situation.

Having restrictions for the sake of safety

These rules may only be present in high-risk scenarios where there are threats involving the child or the parents. Aside from limitations concerning travel, the court can also impose additional requirements, such as written permissions or orders, for the child to apply for a passport.

These protections may seem excessive, but they can be necessary. By enforcing these rules, the court can secure both parents and their children without closing off opportunities to maintain valuable family relationships.