Traveling with children and coronavirus

Accurately speaking, the coronavirus pandemic caused approximately 1,670,000 cases to have been reported in 210 countries and territories, as of April 10, 2020. Approximately 101,000 people died, and 372,000 people have recovered.

As a matrimonial attorney, I can propose that the Covid-19 pandemic become part of the divorce matters, and most likely affects custody, visitations, equitable distribution of marital property, child support, and spousal support.

For instance, if the mother has the intention to travel out of the country with the child, the father has a good reason and legal grounds to stop her by addressing the court.

In general, when a parent is considered a joint legal custodian, courts presume that he or she is making meaningful and deliberate decisions in the best interest of the child. The federal government has issued a high-level travel advisory. If one parent, despite recommendations, insists on traveling with the child, the other parent can open legal proceedings to prevent this travel.

The Court has jurisdiction to establish geographic restrictions on visitation. Appellate Courts ruled that although not an explicit rule or standard, generally, courts have approved out-of-country travels when the country is a participant of the Hague Convention on Civil Aspects of International Child Abduction 1980 and there is insufficient proof of an intention to wrongfully retain the child.

Therefore, it is clear that Judges can impose geographic and time-based restrictions for visitations according to federal or international laws and rules.