Can a lower court restrict your use of your passport in a North Carolina child custody order? In a recent North Carolina case, the defendant appealed from the court’s denial of his motion for reconsideration and relief from a 2015 child custody and support order. The defendant was a Poland-born American citizen. He and his wife had one minor child. They separated in 2013 and were divorced in a 2014 judgment.
The plaintiff filed a complaint asking for custody of their child, child support, alimony, post-separation support, equitable distribution and attorneys’ fees. After a hearing, the lower court awarded primary physical custody to the mother, with the parents getting joint legal custody. The lower court also established a visitation order and child support obligations. The lower court included a provision stating that the father couldn’t seek or be allowed to have a passport for the couple’s minor child.
The order gave the mother sole authority and decision-making with regard to any passport applications and in case a passport was issued to or for a child, the mother would have exclusive authority not only over the passport but any foreign travel. The father was not allowed to take the minor child out of the continental United States, except where the court provided written authority to do so. His passport had to be surrendered to the clerk and he had to apply to the court if he needed to travel with his passport.