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Traveling with children and coronavirus

Accurately speaking, coronavirus pandemic caused approximately 1670000 cases 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 matrimonial attorney, I can propose that pandemics Covid-19 become as 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 intention to travel out of country with child, the father has good reason and legal grounds to stop her by addressing to the court.

In general, when a parent is considered a joint legal custodian, courts presume that he or she is making meaningful and deliberate decision in the best interest of the child. Federal government has issued a high-level travel advisory. If one parent, despite of recommendations, insists on travel with 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 Judge can impose geographic and time-based restrictions for visitations according to the federal or international laws and rules.

Karina Duvall
Articles and consultations authored by attorney reflect the state of law as of the date of their writing. The laws change daily. Users of this site are advised to consult attorney regarding their situation.
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