Shared Custody and Expatriation
Shared custody and expatriation cover the procedures and consents required for a minor's international travel or relocation in cases of separated parents.
Definition of the Term
Shared custody with expatriation refers to the legal framework governing the transfer abroad or travel outside national borders of a child whose parents are separated or divorced. Under a shared custody arrangement, the core principle is that decisions of major importance, including those related to habitual residence and expatriation, must be made by mutual agreement between both parents.
Context and Practical Application
In the context of single parenthood in 2026, managing expatriation requires particular formal attention. For the issuance or renewal of a child's passport or identity card valid for travel abroad, the written consent of both parents exercising parental responsibility is necessary. If a parent intends to move abroad with the child, they must obtain the express consent of the other parent or, failing that, authorization from the Guardianship Judge. The judge will assess whether the move is in the child's best interest, considering the maintenance of the bond with the non-custodial parent and the right to co-parenting. For simple holidays, it is always advisable to have a signed authorization to travel form to avoid disputes at the border.
Legal Implications in 2026
In this 2026, case law tends to be very strict: unilateral relocation without consent or judicial authorization may constitute the crime of international child abduction. For parents in the GenGle community, it is essential that separation agreements clearly specify how international travel will be managed to prevent conflicts and ensure children's well-being during cross-border journeys.