Is My Ex-Spouse Allowed to Take Our Child Out of the Country?

Whether your ex can take your child abroad depends on what your custody order says. If your order gives both of you the right to decide where the child lives and says nothing about travel, a parent generally may take the child on an international trip during their own possession time. But there is a built-in checkpoint: a U.S. passport for a child under 16 requires the consent of both parents, so in most cases your ex cannot legally obtain the travel document without you.

That single rule gives many Texas parents more control than they realize. The question is usually not “can they leave the country” but “can they get the passport, and does the order let them go?”

What Your Custody Order Controls

In Texas, child custody is called conservatorship, and your rights are spelled out in your court order. Two provisions decide most international travel questions:

• The right to determine primary residence: The parent holding this right, or a geographic restriction tied to it, sets the boundaries of where the child can live and often signals how freely a parent may travel.
• A geographic restriction: Many Texas orders restrict the child’s residence to a specific county or contiguous counties, and a court can extend that reasoning to bar removal from the United States without written consent or a court order.

If your order already contains a geographic restriction or an express travel provision, start there. If it does not, Texas law still gives you a path to add protection, which the next sections cover.

The Passport Checkpoint

For any child under 16, the U.S. State Department requires both parents to provide in-person consent for a passport application. One parent cannot quietly obtain a passport for a young child alone unless they have documented sole legal authority.

You can add a second layer. The State Department’s Children’s Passport Issuance Alert Program lets you enroll your child so you are notified if anyone applies for a passport in the child’s name. Enrollment is free, and it turns a silent application into an early warning.

Court-Ordered Prevention Tools in Texas

Texas has a dedicated statute for parents who fear an international abduction. Under Texas Family Code § 153.501, a court must consider whether abduction-prevention measures are needed when the evidence shows a risk. The court weighs the risk factors listed in Texas Family Code § 153.502, such as prior threats to flee, strong ties to another country, or a lack of financial reason to stay.

If the judge finds a genuine risk, Texas Family Code § 153.503 lets the court order specific protections, which can include:

• Surrendering the child’s passport to the court or a neutral party
• Requiring supervised travel or a financial bond as security
• Ordering the parent found to pose an abduction risk to post a bond
• Providing travel itineraries and return-date agreements in advance
• Registering the order with the State Department and foreign consulate before any travel

These measures are not automatic. A parent has to ask for them and present evidence to the judge, which is why acting before the trip happens, not after, matters so much.

If Your Child Has Already Been Taken

If a child is wrongfully removed to another country, two federal frameworks come into play. The Hague Convention on the Civil Aspects of International Child Abduction provides a return process when the destination is a member country, and the process is coordinated through the State Department’s abduction resources. Separately, the International Parental Kidnapping Crime Act, 18 U.S.C. § 1204, makes it a federal crime to remove a child from the United States with intent to obstruct a parent’s custodial rights.

You should also contact local police and file a report right away, since a criminal case and a Hague return petition can proceed simultaneously. Time is critical in these cases, and the first 24 to 48 hours often determine whether a return is possible.

Protect the Trip Before It Happens, Not After

If your ex has raised the idea of taking your child overseas and something about it worries you, the safe move is to address it now, while a passport can still be flagged and while a judge can still add restrictions to your order. Our firm can review your conservatorship order, explain exactly what it permits, and seek court-ordered preventive measures when the facts warrant them. At The Clark Law Firm, P.C., we help Houston parents keep custody orders enforceable across borders. Call 713-236-0000 or contact us online to schedule a case evaluation.