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Q: Seeking advice on divorce agreement regarding child travel custody.
I am in the process of negotiating a divorce agreement with my American spouse, which includes a pre-mediation, binding agreement that addresses child custody for one instance of international travel to Japan during the summer of 2025. This agreement will be part of the formal mediation and included in our stipulated divorce. The arrangement allows me to travel with our minor children, Izy and Connor, for up to 28 days, including travel days. I seek assistance to ensure the agreement is clear and does not disadvantage me, considering the clauses and intentions laid out. What legal implications should I be aware of, and how can I ensure clarity and fairness in the document?
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James L. Arrasmith
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A:
You're doing the right thing by trying to make sure everything is clear before finalizing the agreement. When it comes to international travel in custody cases, the language must be specific to avoid misunderstandings or future disputes. The agreement should clearly state the exact dates or time frame allowed for travel, include both children's full legal names, and confirm that both parents consent to the travel for that period, including any extensions or delays due to unforeseen events like flight cancellations.
Make sure the document also includes details like who holds the passports, how travel itineraries will be shared, and any contact expectations during the trip. It should say that this is a one-time arrangement for the summer of 2025 and clarify that it does not waive or modify any other custody rights beyond this specific travel window. If you’re concerned about being accused of violating custody terms, a line confirming that your travel does not reflect an intent to change primary residence or custody arrangements can help protect you.
To make it truly fair, the agreement should outline that both parties agree this clause is mutually beneficial and made in good faith. Be sure you both initial or sign this section separately in mediation to confirm mutual understanding. The goal is to protect your time with your children while preserving trust and clarity for everyone involved. You're stepping carefully, and that matters when children and international matters are at stake.
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