As international travel becomes increasingly common and families become more globally connected, passport provisions in child custody orders have evolved from optional safeguards to essential protective measures. Whether you’re negotiating a custody agreement or modifying an existing order, understanding how to properly address passport issues can mean the difference between peace of mind and a parent’s worst nightmare.

Why Passport Provisions Matter

In South Carolina family courts, we regularly encounter parents with legitimate concerns about international travel with their children. These concerns aren’t just theoretical—international parental child abduction is a real risk that can have devastating consequences. According to the U.S. Department of State’s Office of Children’s Issues, hundreds of American children are wrongfully removed from the United States or retained abroad each year.

Passport provisions serve multiple important functions in custody orders:

• Preventing unauthorized international travel that could lead to parental abduction
• Establishing clear procedures for legitimate international travel
• Protecting both parents’ rights while prioritizing the child’s safety
• Providing enforcement mechanisms if violations occur
• Creating accountability through required documentation and notice

The Legal Framework in South Carolina

South Carolina courts have broad authority to include “other custody arrangements as the court may determine to be in the best interest of the child” under S.C. Code § 63-15-240. This statutory language provides family courts with the flexibility to craft passport provisions tailored to each family’s unique circumstances and risk factors.

Federal Passport Regulations

At the federal level, passport issuance for minors is governed by 22 U.S.C. § 213n and 22 C.F.R. § 51.28. These regulations establish that both parents must generally consent to passport issuance for children under age 16. However, important exceptions exist:

A court order can authorize passport issuance with only one parent’s consent if it:

• Grants sole legal custody to the applying parent
• Specifically authorizes the applying parent to obtain a passport for the child
• Specifically authorizes international travel with the applying parent

This is why the exact language in your custody order matters tremendously.

Types of Passport Provisions

Effective passport provisions typically address four key areas: obtaining passports, possessing passports, using passports for travel, and restrictions on destinations.

Passport Issuance Authorization

The most fundamental provision addresses who has authority to apply for the child’s passport. Courts can take several approaches:

Joint Consent Required: Both parents must consent to any passport application. This is the most restrictive approach and mirrors the default federal requirement for children under 16.

Single Parent Authorization: One parent (typically the custodial parent) is specifically authorized to obtain a passport without the other parent’s consent. This language should reference 22 C.F.R. § 51.28(a)(3)(E) to ensure the State Department will accept the court order as an exception to the two-parent consent rule.

Example Language: “Pursuant to 22 C.F.R. § 51.28(a)(3)(E), or its then equivalent, the Mother is authorized to apply for and obtain a passport for the minor child without obtaining consent from the Father.”

Passport Possession

Once a passport is issued, the order should specify who maintains physical possession. Common arrangements include:

• The custodial parent holds the passport at all times
• Parents exchange the passport before and after international travel (typically 7-14 days before departure)
• The passport is held by a neutral third party (such as an attorney)
• Each parent holds the passport during their custodial time

Practical Consideration: If parents exchange the passport for travel, build in sufficient time for the traveling parent to address any issues. A last-minute refusal to surrender the passport could ruin travel plans and may not provide enough time for court intervention.

Travel Notification Requirements

Well-drafted passport provisions require advance notice of international travel, including:

• Dates of departure and return
• Complete itinerary with destinations
• Contact information for all lodging
• Flight information
• Emergency contact numbers

The timing of required notice varies based on the level of trust between parents and perceived risk factors. Common timeframes range from 30 to 90 days before departure, with notice required “upon booking travel or at least [X] days before departure, whichever occurs first.”

Communication During International Travel

Orders should address how the child will maintain contact with the non-traveling parent:

• Regular phone or video calls at agreed-upon times
• Consideration for time zone differences
• Procedures when travel takes the child to areas without reliable cellular or internet service
• Requirements to contact the other parent immediately before entering and after exiting areas without service

The Hague Convention and Travel Restrictions

One of the most critical components of any passport provision involves restrictions on travel to non-Hague Convention countries.

Understanding the Hague Convention

The Hague Convention on the Civil Aspects of International Child Abduction is an international treaty designed to secure the prompt return of children wrongfully removed from their country of habitual residence. As of 2024, 91 countries are signatories to this treaty.

The Convention provides:

• A legal mechanism for recovering abducted children
• Cooperation between signatory countries’ Central Authorities
• Expedited court proceedings in the receiving country
• A presumption that children should be returned to their country of habitual residence

Critical Limitations:

• The Convention only applies to children under age 16
• It requires the left-behind parent to have custody rights (not just visitation)
• Applications must generally be filed within one year for automatic return
• Several exceptions can prevent return, including risk of harm to the child

Drafting Hague Convention Provisions

Given these limitations, custody orders should include carefully crafted language:

Standard Provision: “Without prior written approval from the other party, neither party shall travel with the child to a country that is not a signatory to the Hague Convention on the Civil Aspects of International Child Abduction.”

Enhanced Protection: “For purposes of enforcement under the Hague Convention, both parties acknowledge and agree that they hold joint legal custody of the child. This provision is included to maximize the likelihood of the child’s return should wrongful retention occur in a foreign country.”

This “joint custody” acknowledgment is strategic—the Hague Convention‘s remedies are only available to custodial parents, not those with mere visitation rights. Even if your order grants one parent primary physical custody, stating that both parents retain joint legal custody can strengthen your position under the Convention.

Additional Travel Restrictions

Beyond Hague Convention countries, courts can impose other geographic restrictions:

• Prohibition on travel to countries with active travel warnings
• Restrictions on travel to countries where a parent has strong familial or cultural ties (without adequate safeguards)
• Requirements that passports not be used to travel to specific countries by name

The Children’s Passport Issuance Alert Program (CPIAP)

Even the most comprehensive custody order cannot prevent a parent from attempting to obtain a passport through fraud or deception. This is where the Children’s Passport Issuance Alert Program becomes invaluable.

What Is CPIAP?

CPIAP is a free service provided by the U.S. Department of State’s Office of Children’s Issues. When you enroll your child in this program:

• The child’s information is entered into the Passport Lookout System
• You receive notification if anyone applies for a U.S. passport for your child
• The passport application may be placed on hold for up to 90 days
• You have an opportunity to present any court orders or object to issuance

Enrolling in CPIAP

To enroll your child:

1. Complete Form DS-3077 (Request for Entry into Children’s Passport Issuance Alert Program)
2. Provide proof of your identity (passport, driver’s license)
3. Submit evidence of your parental authority (birth certificate, custody order)
4. Send to: U.S. Department of State, Overseas Citizen Services, Children’s Issues, Attention: CPIAP, SA-17, 9th Floor, Washington, DC 20522-1707

Contact: Email PreventAbduction1@state.gov or call (843) 701-1695

Important CPIAP Limitations

Parents should understand that CPIAP provides an alert system, not an absolute block:

• A valid court order authorizing passport issuance will override CPIAP enrollment
• CPIAP only applies to U.S. passports—not foreign passports for dual nationals
• The program ends automatically when the child turns 18
• You must keep your contact information current to receive alerts

Critical Consideration for Dual Nationals: If your child has citizenship in another country, they may be able to obtain a foreign passport even while enrolled in CPIAP. You should contact the relevant foreign embassy or consulate with a copy of your custody order and request that they not issue a passport without your consent.

Risk Factors and Enhanced Provisions

South Carolina courts recognize that certain circumstances warrant more restrictive passport provisions. The Uniform Child Abduction Prevention Act (which South Carolina has considered) identifies specific risk factors:

High-Risk Indicators

Courts should consider enhanced restrictions when a parent:

• Previously abducted or threatened to abduct the child
• Holds citizenship in another country or has strong ties abroad
• Recently applied for passports, visas, or obtained travel documents
• Lacks strong familial, financial, or emotional ties to the United States
• Engaged in domestic violence, stalking, or child abuse
• Recently closed bank accounts, liquidated assets, or conducted unusual financial activities
• Refuses to follow existing custody orders

Enhanced Protective Measures

When risk factors are present, courts can order:

Passport Surrender: The potentially abducting parent must surrender their own passport and the child’s passport to the court, the other parent’s attorney, or a neutral third party.

Supervised Exchange: International travel may be permitted only with supervised transfers at neutral locations.

Travel Bonds: The traveling parent must post a significant monetary bond that is forfeited if they fail to return the child as scheduled.

Embassy Registration: As a prerequisite for international travel, the parent must provide proof of registration with the U.S. Embassy in the destination country and with the Central Authority for the Hague Convention.

Travel Authorization Documentation: The traveling parent must provide the other parent with an authenticated copy of the custody order and notarized consent for travel, to be carried during all international trips.

Practical Drafting Considerations

Based on years of practice in South Carolina family courts, here are key points for effective passport provisions:

Be Specific

Vague language invites conflict. Rather than “reasonable notice” of travel, specify “at least 60 days’ written notice.” Rather than “regular contact,” specify “video calls every other day at 7:00 PM Eastern Time, adjusting for time zones.”

Build in Enforcement Mechanisms

Your order should specify that violations constitute contempt of court and may result in:

• Attorney’s fees and costs
• Modification of custody
• Criminal charges if applicable
• Suspension of the violating parent’s travel privileges

Consider the Child’s Age and Development

Passport provisions appropriate for a toddler may not work for a teenager. Build in mechanisms for modifying travel arrangements as the child matures.

Address Passport Renewal

Passports expire. Your order should address the renewal process—who applies, who pays, what notice is required.

Include Emergency Exceptions

Life happens. Build in procedures for emergency international travel (such as a family member’s serious illness or death) with abbreviated notice requirements.

Enforcement When Violations Occur

Despite the best planning, passport provisions sometimes get violated. South Carolina family courts have several enforcement mechanisms:

Contempt Actions

Violations of court-ordered passport provisions can form the basis for civil or criminal contempt proceedings. The remedy may include:

• Incarceration until compliance
• Monetary sanctions
• Attorney’s fees
• Modification of custody arrangements

Modification of Custody

Repeated violations or a single serious violation (such as unauthorized international travel) can constitute a substantial change in circumstances justifying custody modification.

Criminal Charges

Under certain circumstances, violations may support criminal charges:

• Custodial interference (S.C. Code § 16-17-495)
• International Parental Kidnapping Crime Act (18 U.S.C. § 1204)

Federal Resources

If a child is wrongfully removed to another country, parents should immediately contact:

• U.S. Department of State, Office of Children’s Issues: (843) 701-1695
• Federal Bureau of Investigation
• National Center for Missing & Exploited Children: 1-800-THE-LOST

Conclusion

Passport provisions in custody orders have evolved from afterthoughts to essential protections. Whether you’re in the initial stages of custody litigation or seeking to modify an existing order, addressing passport issues comprehensively is critical to protecting your parental rights and your child’s safety.

The key is striking the right balance—provisions that are protective without being so restrictive that they prevent legitimate family travel and cultural experiences. This balance depends on your specific circumstances, the level of cooperation between parents, and any identified risk factors.

Contact Klok Law Firm

At Klok Law Firm LLC, we regularly handle complex custody cases involving international travel concerns. We understand both the legal framework and the practical realities of crafting enforceable passport provisions tailored to your family’s needs.

If you have questions about passport provisions in your custody case, or if you need to modify an existing order to add or enhance these protections, contact us to schedule a consultation. We serve clients throughout Charleston and the South Carolina Low Country.

Klok Law Firm LLC
Charleston, South Carolina
Family Law • Divorce • Child Custody

By Suzanne Klok|2025-11-12T16:21:07+00:00September 15th, 2025|Child Custody, Family Law, Passport|Comments Off on Passport Provisions in SC Custody Orders: Complete Guide for Parents

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About the Author: Suzanne Klok

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Passport Provisions in SC Custody Orders: Complete Guide for Parents

As international travel becomes increasingly common and families become more globally connected, passport provisions in child custody orders have evolved from optional safeguards to essential protective measures. Whether you’re negotiating a custody agreement or modifying an existing order, understanding how to properly address passport issues can mean the difference between peace of mind and a parent’s worst nightmare.

Why Passport Provisions Matter

In South Carolina family courts, we regularly encounter parents with legitimate concerns about international travel with their children. These concerns aren’t just theoretical—international parental child abduction is a real risk that can have devastating consequences. According to the U.S. Department of State’s Office of Children’s Issues, hundreds of American children are wrongfully removed from the United States or retained abroad each year.

Passport provisions serve multiple important functions in custody orders:

• Preventing unauthorized international travel that could lead to parental abduction
• Establishing clear procedures for legitimate international travel
• Protecting both parents’ rights while prioritizing the child’s safety
• Providing enforcement mechanisms if violations occur
• Creating accountability through required documentation and notice

The Legal Framework in South Carolina

South Carolina courts have broad authority to include “other custody arrangements as the court may determine to be in the best interest of the child” under S.C. Code § 63-15-240. This statutory language provides family courts with the flexibility to craft passport provisions tailored to each family’s unique circumstances and risk factors.

Federal Passport Regulations

At the federal level, passport issuance for minors is governed by 22 U.S.C. § 213n and 22 C.F.R. § 51.28. These regulations establish that both parents must generally consent to passport issuance for children under age 16. However, important exceptions exist:

A court order can authorize passport issuance with only one parent’s consent if it:

• Grants sole legal custody to the applying parent
• Specifically authorizes the applying parent to obtain a passport for the child
• Specifically authorizes international travel with the applying parent

This is why the exact language in your custody order matters tremendously.

Types of Passport Provisions

Effective passport provisions typically address four key areas: obtaining passports, possessing passports, using passports for travel, and restrictions on destinations.

Passport Issuance Authorization

The most fundamental provision addresses who has authority to apply for the child’s passport. Courts can take several approaches:

Joint Consent Required: Both parents must consent to any passport application. This is the most restrictive approach and mirrors the default federal requirement for children under 16.

Single Parent Authorization: One parent (typically the custodial parent) is specifically authorized to obtain a passport without the other parent’s consent. This language should reference 22 C.F.R. § 51.28(a)(3)(E) to ensure the State Department will accept the court order as an exception to the two-parent consent rule.

Example Language: “Pursuant to 22 C.F.R. § 51.28(a)(3)(E), or its then equivalent, the Mother is authorized to apply for and obtain a passport for the minor child without obtaining consent from the Father.”

Passport Possession

Once a passport is issued, the order should specify who maintains physical possession. Common arrangements include:

• The custodial parent holds the passport at all times
• Parents exchange the passport before and after international travel (typically 7-14 days before departure)
• The passport is held by a neutral third party (such as an attorney)
• Each parent holds the passport during their custodial time

Practical Consideration: If parents exchange the passport for travel, build in sufficient time for the traveling parent to address any issues. A last-minute refusal to surrender the passport could ruin travel plans and may not provide enough time for court intervention.

Travel Notification Requirements

Well-drafted passport provisions require advance notice of international travel, including:

• Dates of departure and return
• Complete itinerary with destinations
• Contact information for all lodging
• Flight information
• Emergency contact numbers

The timing of required notice varies based on the level of trust between parents and perceived risk factors. Common timeframes range from 30 to 90 days before departure, with notice required “upon booking travel or at least [X] days before departure, whichever occurs first.”

Communication During International Travel

Orders should address how the child will maintain contact with the non-traveling parent:

• Regular phone or video calls at agreed-upon times
• Consideration for time zone differences
• Procedures when travel takes the child to areas without reliable cellular or internet service
• Requirements to contact the other parent immediately before entering and after exiting areas without service

The Hague Convention and Travel Restrictions

One of the most critical components of any passport provision involves restrictions on travel to non-Hague Convention countries.

Understanding the Hague Convention

The Hague Convention on the Civil Aspects of International Child Abduction is an international treaty designed to secure the prompt return of children wrongfully removed from their country of habitual residence. As of 2024, 91 countries are signatories to this treaty.

The Convention provides:

• A legal mechanism for recovering abducted children
• Cooperation between signatory countries’ Central Authorities
• Expedited court proceedings in the receiving country
• A presumption that children should be returned to their country of habitual residence

Critical Limitations:

• The Convention only applies to children under age 16
• It requires the left-behind parent to have custody rights (not just visitation)
• Applications must generally be filed within one year for automatic return
• Several exceptions can prevent return, including risk of harm to the child

Drafting Hague Convention Provisions

Given these limitations, custody orders should include carefully crafted language:

Standard Provision: “Without prior written approval from the other party, neither party shall travel with the child to a country that is not a signatory to the Hague Convention on the Civil Aspects of International Child Abduction.”

Enhanced Protection: “For purposes of enforcement under the Hague Convention, both parties acknowledge and agree that they hold joint legal custody of the child. This provision is included to maximize the likelihood of the child’s return should wrongful retention occur in a foreign country.”

This “joint custody” acknowledgment is strategic—the Hague Convention‘s remedies are only available to custodial parents, not those with mere visitation rights. Even if your order grants one parent primary physical custody, stating that both parents retain joint legal custody can strengthen your position under the Convention.

Additional Travel Restrictions

Beyond Hague Convention countries, courts can impose other geographic restrictions:

• Prohibition on travel to countries with active travel warnings
• Restrictions on travel to countries where a parent has strong familial or cultural ties (without adequate safeguards)
• Requirements that passports not be used to travel to specific countries by name

The Children’s Passport Issuance Alert Program (CPIAP)

Even the most comprehensive custody order cannot prevent a parent from attempting to obtain a passport through fraud or deception. This is where the Children’s Passport Issuance Alert Program becomes invaluable.

What Is CPIAP?

CPIAP is a free service provided by the U.S. Department of State’s Office of Children’s Issues. When you enroll your child in this program:

• The child’s information is entered into the Passport Lookout System
• You receive notification if anyone applies for a U.S. passport for your child
• The passport application may be placed on hold for up to 90 days
• You have an opportunity to present any court orders or object to issuance

Enrolling in CPIAP

To enroll your child:

1. Complete Form DS-3077 (Request for Entry into Children’s Passport Issuance Alert Program)
2. Provide proof of your identity (passport, driver’s license)
3. Submit evidence of your parental authority (birth certificate, custody order)
4. Send to: U.S. Department of State, Overseas Citizen Services, Children’s Issues, Attention: CPIAP, SA-17, 9th Floor, Washington, DC 20522-1707

Contact: Email PreventAbduction1@state.gov or call (843) 701-1695

Important CPIAP Limitations

Parents should understand that CPIAP provides an alert system, not an absolute block:

• A valid court order authorizing passport issuance will override CPIAP enrollment
• CPIAP only applies to U.S. passports—not foreign passports for dual nationals
• The program ends automatically when the child turns 18
• You must keep your contact information current to receive alerts

Critical Consideration for Dual Nationals: If your child has citizenship in another country, they may be able to obtain a foreign passport even while enrolled in CPIAP. You should contact the relevant foreign embassy or consulate with a copy of your custody order and request that they not issue a passport without your consent.

Risk Factors and Enhanced Provisions

South Carolina courts recognize that certain circumstances warrant more restrictive passport provisions. The Uniform Child Abduction Prevention Act (which South Carolina has considered) identifies specific risk factors:

High-Risk Indicators

Courts should consider enhanced restrictions when a parent:

• Previously abducted or threatened to abduct the child
• Holds citizenship in another country or has strong ties abroad
• Recently applied for passports, visas, or obtained travel documents
• Lacks strong familial, financial, or emotional ties to the United States
• Engaged in domestic violence, stalking, or child abuse
• Recently closed bank accounts, liquidated assets, or conducted unusual financial activities
• Refuses to follow existing custody orders

Enhanced Protective Measures

When risk factors are present, courts can order:

Passport Surrender: The potentially abducting parent must surrender their own passport and the child’s passport to the court, the other parent’s attorney, or a neutral third party.

Supervised Exchange: International travel may be permitted only with supervised transfers at neutral locations.

Travel Bonds: The traveling parent must post a significant monetary bond that is forfeited if they fail to return the child as scheduled.

Embassy Registration: As a prerequisite for international travel, the parent must provide proof of registration with the U.S. Embassy in the destination country and with the Central Authority for the Hague Convention.

Travel Authorization Documentation: The traveling parent must provide the other parent with an authenticated copy of the custody order and notarized consent for travel, to be carried during all international trips.

Practical Drafting Considerations

Based on years of practice in South Carolina family courts, here are key points for effective passport provisions:

Be Specific

Vague language invites conflict. Rather than “reasonable notice” of travel, specify “at least 60 days’ written notice.” Rather than “regular contact,” specify “video calls every other day at 7:00 PM Eastern Time, adjusting for time zones.”

Build in Enforcement Mechanisms

Your order should specify that violations constitute contempt of court and may result in:

• Attorney’s fees and costs
• Modification of custody
• Criminal charges if applicable
• Suspension of the violating parent’s travel privileges

Consider the Child’s Age and Development

Passport provisions appropriate for a toddler may not work for a teenager. Build in mechanisms for modifying travel arrangements as the child matures.

Address Passport Renewal

Passports expire. Your order should address the renewal process—who applies, who pays, what notice is required.

Include Emergency Exceptions

Life happens. Build in procedures for emergency international travel (such as a family member’s serious illness or death) with abbreviated notice requirements.

Enforcement When Violations Occur

Despite the best planning, passport provisions sometimes get violated. South Carolina family courts have several enforcement mechanisms:

Contempt Actions

Violations of court-ordered passport provisions can form the basis for civil or criminal contempt proceedings. The remedy may include:

• Incarceration until compliance
• Monetary sanctions
• Attorney’s fees
• Modification of custody arrangements

Modification of Custody

Repeated violations or a single serious violation (such as unauthorized international travel) can constitute a substantial change in circumstances justifying custody modification.

Criminal Charges

Under certain circumstances, violations may support criminal charges:

• Custodial interference (S.C. Code § 16-17-495)
• International Parental Kidnapping Crime Act (18 U.S.C. § 1204)

Federal Resources

If a child is wrongfully removed to another country, parents should immediately contact:

• U.S. Department of State, Office of Children’s Issues: (843) 701-1695
• Federal Bureau of Investigation
• National Center for Missing & Exploited Children: 1-800-THE-LOST

Conclusion

Passport provisions in custody orders have evolved from afterthoughts to essential protections. Whether you’re in the initial stages of custody litigation or seeking to modify an existing order, addressing passport issues comprehensively is critical to protecting your parental rights and your child’s safety.

The key is striking the right balance—provisions that are protective without being so restrictive that they prevent legitimate family travel and cultural experiences. This balance depends on your specific circumstances, the level of cooperation between parents, and any identified risk factors.

Contact Klok Law Firm

At Klok Law Firm LLC, we regularly handle complex custody cases involving international travel concerns. We understand both the legal framework and the practical realities of crafting enforceable passport provisions tailored to your family’s needs.

If you have questions about passport provisions in your custody case, or if you need to modify an existing order to add or enhance these protections, contact us to schedule a consultation. We serve clients throughout Charleston and the South Carolina Low Country.

Klok Law Firm LLC
Charleston, South Carolina
Family Law • Divorce • Child Custody