Factors considered by trial court in determining whether former husband presented risk of absconding to India with children was not “racial profiling evidence” implicating constitutional scrutiny over imposition of travel and passport restrictions in parenting plan; vast majority of factors considered had nothing to do with race or national origin, and factor as to whether parent had strong ties to another country was relevant merely to determine whether parent could easily relocate. Thus, travel and passport restrictions in parenting plan did not violate former husband’s constitutional right to parent children without state interference based on husband’s claim that he could not take his children to India so they could learn about their Indian heritage, in view of husband’s credible threats against wife to abscond with children to India and his pattern of abusive behavior.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com