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Family Lawyer Winnipeg Blog


International Child Visitation

It’s really important to know about the International Child Visitation rules when you have decided to get separate. When one parent has physical custody after their divorce, then it is known as “custodial parent,” and the other parent is the “noncustodial parent.” But the court will agree on a visitation agreement when both parents want free at their work.

Most of the time, “noncustodial parent” has got the right to this visitation schedule. In this visitation, the court may allow a supervisor visitation if they feel that there can be a danger or a non-friendly relationship between the parent and the child.

“International Child Visitation” Consideration factors!!!

There are some consideration factors that are taken by the courts for the child’s interests. And the factors are the following:

  • The location of the parents
  • The age of the child.
  • The overall well-being of the child.
  • Work history and the current financial situation of both parents.
  • The past behavioral history of both parents.
  • The court can ask the child’s preference for a living if he is old enough.
  • The court can ask both parent’s daily work life and the details of its schedule.

Settlement Agreement

There are some consideration factors in the International Visitation’s settlement Agreement. They are:

  • First of all, both parents should agree that how they will divide the financial terms of the child’s visitation, like his travel expenses. It is a huge expense as it is considered from transportation to all airfares of a child. Here they need to update passports, transportation to medical exams, and the administrative requirements.
  • Parents should know that international visitation is a norm, and they should support here without asking here any questions.
  • In this settlement, there should be mentioned how to handle an emergency situation if something happens beyond the parent’s control.

Key Tips for Parents

How can one parent stop other parents from taking his/her child to visit a dangerous country? How can one parent be sure that his/her child will be returned safely to them? Many parents are concerned about these questions. Here are some tips for parents while handling these issues regularly:

  1. Collecting strong evidence that seems dangerous to him during the visitation case.
  2. Collecting evidence that will prove that the other parent will not return the child. In that case, as evidence, parents can show.
  3. Previous any threat from the other parent.
  4. The other parent takes any steps to move permanently in the other country.
  5. If there is no strong bonding with the child.
  6. If the other parents have any criminal record.
  7. Both parents will need experienced testimony to move any decisions.
  8. Both need to be calm in any situation.
  9. Custodial parents should not rely on other parents’ promises. And the most important thing is that they should not wait for last-minute legal protection.

How does the “International Child Visitation” Agreement create?

Usually, considering the child’s preferences, the court creates the International Child Visitation Agreement. In this agreement some terms are included:

  • Child’s daily routine and school schedules.
  • Documents like letters, evaluations, and reports are created by concerning the child.
  • The court will justify the other legal documents like parenting reports, divorce reports, etc. On that basis, they will decide for whom side the agreement should be created.

International Child Visitation is such a case where the court will have to take part in both parent’s and child’s preferences. That’s why this is a very sensitive case. Both parents and the court need to be cooperative here to support the child and also maintain his future. If you want to know more check here.

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