Short answer: A parent who wants to move out of the country with a child must have either the other parent’s agreement, approved by the court, or a court order allowing the move. A North Carolina judge decides under the best interest of the child standard in G.S. 50-13.2 and can attach conditions such as a bond to secure the child’s return. Leaving without permission can lead to contempt and, if a custody order exists, a felony charge under G.S. 14-320.1.
The legal framework
- Best interest of the child. Custody orders, including permission to relocate, must serve the child’s interest and welfare (G.S. 50-13.2(a)).
- Travel outside the state. An order may allow the child to be taken outside North Carolina and may require a bond or other security for the child’s return (G.S. 50-13.2(c)).
- Modification. If an order already exists, a parent seeking to relocate files a motion to modify, which requires a showing of changed circumstances (G.S. 50-13.7).
- Jurisdiction. North Carolina keeps exclusive, continuing jurisdiction over its custody orders under G.S. 50A-202 in most cases, and treats a foreign country like a U.S. state for jurisdiction purposes (G.S. 50A-105).
- Enforcement. Custody orders are enforceable by civil and criminal contempt (G.S. 50-13.3).
What judges consider in a relocation request
A relocation request is decided under the best interest of the child standard in G.S. 50-13.2(a), which requires the court to consider all relevant factors, including acts of domestic violence and the safety of the child and of each party. Be ready to address questions like these:
- The reasons for the move and the reasons for opposing it.
- The likely improvement in the child’s and the moving parent’s life.
- The child’s relationship with each parent and with siblings and extended family.
- Schooling, language, health care, and safety in the new country.
- Whether a realistic schedule can preserve the other parent’s relationship, including travel costs and video contact.
- Whether the moving parent is likely to comply with orders from a North Carolina court once abroad.
International-specific issues
- The Hague Abduction Convention. If a child is wrongfully removed to or kept in a country that is a treaty partner of the United States, the left-behind parent can seek the child’s return through that country’s courts. Not every country is a partner. Check the destination on the U.S. State Department list of Hague Convention treaty partners and see its child abduction prevention FAQs.
- Passports. A U.S. passport for a child under 16 generally requires both parents’ consent or proof that the other parent’s consent is not required (22 C.F.R. 51.28). This does not stop the child from getting a passport from another country.
- Bond and conditions. Judges can require security for return, travel itineraries, and surrender of travel documents.
If you are the parent who wants to move
- Do not move first. Get the other parent’s written agreement approved by the court, or file a motion and get an order.
- Document the reasons: job offer, family support, schooling, housing, and medical care for the child.
- Propose a detailed long-distance parenting schedule, including holidays, summers, travel costs, and regular video calls.
- Be ready to offer conditions that address return concerns, such as a bond or other security for the child’s return (G.S. 50-13.2(c)).
If you are the parent opposing the move
- If you learn of a planned move, contact a lawyer right away. Emergency relief may be possible if there is a substantial risk the child will be removed from the state to evade the court (G.S. 50-13.5(d)(3)).
- Keep written records of communication about the move.
- Gather evidence of your involvement in the child’s daily life, school, and medical care.
- Consider enrolling the child in the Children’s Passport Issuance Alert Program, and ask the court about travel restrictions or surrender of passports in the custody order.
For moves within the United States, see moving out of state with a child in North Carolina. For drafting terms that prevent disputes later, see relocation clauses in custody orders. For changing an existing order, see modifying child custody in NC.
Frequently asked questions
Can I move out of the country with my child without the other parent’s permission in NC?
If a custody order exists, only if the order allows it. Otherwise you need the other parent’s written agreement approved by the court, or a modified order. Taking a child under 16 out of North Carolina with intent to violate a custody order is a Class I felony under G.S. 14-320.1, and the order is also enforceable by contempt.
What if there is no custody order yet?
Either parent can file for custody in District Court. Under G.S. 50A-201(a)(1), a North Carolina court can still make the first custody decision if North Carolina was the child’s home state within six months before the case is filed and a parent still lives here. A home state is generally where the child lived with a parent for at least six consecutive months right before the case (G.S. 50A-102(7)). Talk to a lawyer before leaving, not after.
How does a North Carolina judge decide an international relocation request?
The judge applies the best interest of the child standard in G.S. 50-13.2. Courts look at the reasons for the move, the child’s ties to each parent, schooling, health care, the realistic visitation schedule, and whether the moving parent will support the relationship. Safety and any domestic violence are always considered.
Can the court require a bond before a child leaves the country?
Yes. Under G.S. 50-13.2(c), a custody order may allow the child to be taken outside North Carolina, and if the order contemplates the child’s return, the judge may require the custodian to give a bond or other security to ensure the child comes back as ordered.
Does the other parent need to sign for my child’s passport?
For children under 16, the U.S. State Department generally requires both parents or guardians to consent to the passport application, with limited exceptions such as sole legal custody. The rule comes from 22 C.F.R. 51.28. A parent can also enroll a child under 18 in the State Department’s Children’s Passport Issuance Alert Program.
If you are facing this situation, call Martine Law before you sign or file anything. $50 consultation with our Director of Client Engagement. Full refund if you’re not satisfied, for any reason. We have offices in Charlotte, Raleigh, Cary, and Belmont. Call (919) 925-4613 or (704) 842-3411, or send us a message. Phones and chat are answered 24/7, with AI covering when no staff is free.
Last updated October 2026.
This page states North Carolina law as of October 2026 and is for general information, not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.