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Sahibzada v. Sahibzada

A trial court has the discretion to prohibit the removal of minor children from the United States as a provision of a final divorce decree.

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We granted the instant appeal pursuant to Supreme Court Rule 34 4 to review provisions in a final decree of divorce entered on August 22, 2012, and amended on October 18, 2012. Appellant Husband is a native of Pakistan and has dual Pakistani and American citizenship. Appellee Wife is a natural born American of Pakistani descent. The parties’ two minor male children are American born. The trial court designated Wife as the primary physical custodian of the children and gave Husband visitation rights. In the divorce decree, the following restrictions regarding the children’s international travel were made:

Wife shall retain possession of the children’s passports. Husband shall not procure any other passports for the minor children. The minor children may only travel outside the United States with the consent of Wife. Should consent to international travel be given by Wife, Husband shall provide a detailed itinerary of their travel plans including an anticipated date of return to the United States.

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