You have planned an international trip with your child, booked the flights and even have a Texas court order that outlines your possession schedule. But now, your co-parent is refusing to cooperate. They might be refusing to hand over the child for your scheduled time or refusing to release the child’s passport. This is an incredibly frustrating and time-sensitive situation. When faced with this, the single biggest mistake a parent can make is waiting too long to act or failing to take formal legal action.
Many parents try to negotiate, plead or argue with their co-parent, hoping they will change their mind. Others simply give up, cancel the trip and forfeit their time and money. This inaction not only ruins your plans but also sets a dangerous precedent that your co-parent can violate the court’s order without consequence.
Your order is a powerful tool
A Texas possession order is a legally binding document. It is not a suggestion. Your order likely specifies which parent has the right to designate the child’s residence, who holds the passport and the exact dates of possession.
For international travel, both parents generally need to consent to a passport application. The U.S. Department of State often requires consent from both parents for a minor’s passport. This is why one parent holding the passport “hostage” is such a powerful and serious violation of the court order, which is enforceable by a motion for contempt.
Your legal remedy for a custody order violation
If your co-parent is violating the clear terms of your order, the correct response is not to argue, but to file a motion to enforce with the court. This motion asks a judge to order the other parent to comply.
This can include specific orders to turn over the child and release the passport. Furthermore, if the court finds a violation, the judge is required by statute to order the other parent to pay your reasonable attorney’s fees and court costs, unless the judge finds good cause not to.
When dealing with complex international custody matters, time is critical especially because flights, court schedules and legal filings all have deadlines. You have legal options to enforce your rights and protect your time with your child, but you must be proactive to ensure the court can intervene in time.
