18
Jan

Any topic involving children is to be treated with a lot of care and responsibility from the parties and the states/countries, and the Dominican Republic is no exception. Some of the most recurrent and intricate cases are the ones related to a travel ban for children to prevent them from leaving the country, regardless of where they live, who has custody and other factors.

A travel ban for children can be ordered by:

1. A judge.
2. Or by one of the child’s parents or legal guardian.

When requested by a judge, it is by sentence, and in these cases, at least one third party has reviewed the case. However, it is more complicated and difficult when requested by one of the parents or a guardian of the child, through the General Directorate of Migration.

Requirements

1. Birth certificate of the child.
2. Copy of the child’s Passport (if available).
3. Copy of an Identity Document for the requesting Parent or Guardian.
4. Reasoned request.
5. Payment of the service fee.

Process

• Court bailiff notice.
• Or simply by request.

 Reasons to request a Travel Ban for a child

There are many reasons why a parent might need to request this ban, such as:

1. They believe the child might be relocated without their consent.
2. Fear and Prevention.
3. Initiation of legal proceedings.
4. When the child lives abroad and the parent or guardian does not agree.
5. When they do not want the child to leave for vacations abroad, or leave the country in any way.
6. Among others.

Is it a preventive and/or convenient measure?

The answer to this question is not simple and a lot of factors will be in play to determine if this would be the appropriate course of action. I will be listing a few cases or examples next:

1. If there is a court order for the Child, through which custody was awarded to live abroad, a Travel ban, would not generally have much reason to be, since it is likely to be lifted by a Judge through a court order.

The truth is that this creates major complications because if it is not done through a sentence, the travel ban will not be lifted. While placing a travel ban might be extremely easy for one of the parents, lifting it would be a long and costly process. Below we will explain how to lift a Travel ban for a child, preventing its intended purpose.

Additionally, you should also keep in mind that out of all the parties involved, the Child would be affected the most, since this would change their life and habits. In this case, it would be more appropriate to request a Revocation of the Custody order to live abroad, which is a different process.

2. In cases in which there are concerns that an authorization of departure for a child will be done with a Forged Signature, i.e., where one of the parents supposedly provides their consent when that is not really the case.

In this case, it might be an appropriate preventive measure, unlike the previous case because ultimately, it will be lifted and that will imply legal costs, along with other repercussions.

In any case, it would be wise to request an evaluation and/or guidance from a specialist in the field, thus avoiding doing something that might have an effect contrary to the one sought. As we commonly say here:

“The solution ended up being more expensive or worse than the disease itself.”

Click here: Online/Virtual or In-Person. to see the types of consultations we offer, along with information about each one.

In our firm, it is exceedingly common to have cases in which one of the parents:

1. Has been awarded custody to live abroad; and the other
2. Has been awarded Visitation Rights in the Dominican Republic

Oftentimes, this Visitation is not being complied with, preventing or limiting contact with the other parent. This practice is not wise for any of the parties involved:

1. Mother;
2. Father; and
3. The child

Each one has its role and time. In the Dominican Republic and the rest of the world, the law clearly states the rights and duties of each of the Parents with their child.

Therefore, in order to avoid hardships and proceedings such as:

1. Revocation of custody due to non-compliance;
2. Suit on non-compliance of Visitation Rights; and
3. The difficulties that come with and are listed in this post: Travel ban for children.

It is advisable to have mutual communication and to respect the rights of each of the parties.

If you belive that the other parent cannot:

A) Have custody, visitation rights or contact with the child, you would need to start a process of Loss of Parental Authority. Through this process, the parent in question would lose all rights toward the child, until they comply with the aforementioned factors.

B) Failed to comply with either the Visitation Schedule or the Custody agreement, in which case, the right path would be to initiate a Revocation Suit.

How to repeal a Travel Ban

Regardless of the nature of the Travel Ban, the right path to follow would be to provide the appropriate Child and Adolescent Court with the following:

1. Copy of Dominican ID (known in Spanish as Cédula);
2. Birth certificate of the child.
3. Proof of the Travel Ban (this is granted by the Migration Office)

A hearing would be scheduled and depending on the other party, and other factors involving the case, the Judge will issue a sentence, accepting or dismissing the request.

Cases of family proceedings, and especially those involving children, are very sensitive. Since every case is different, you should consult with a Lawyer Specialized in the topic before taking action, and most importantly, try to communicate to avoid complicating matters further for all parties.

In our law firm Morillo Suriel Attorneys at Law, we have a division specialized in Family Law  with an area focused specifically on Child Law. Through this unit, we can assist you with any concern or consultation you may have regarding Travel bans for children or any other doubt in the matter, no matter where in the world you might be, we offer online legal services.