Divorce can put a lot of pressure on parent-child relationships. Parents may start looking for ways to bond with their children and make positive memories after the end of a marriage. A vacation could be the ideal opportunity for making new memories and bonding.
Over spring break or during summer vacation, one parent may want to take the children to Florida or another exciting destination. Especially if they plan their travels during their own parenting time, a parent might assume that they have the right to do what they want with their children.
However, long-distance travel may require pre-approval from a co-parent or the courts. Parents worried about their ability to travel with their children may need help securing the permission they need for a trip.
Every custody case is unique
State statutes do not explicitly limit travel in a shared custody scenario. Instead, typically the language of the custody order imposes travel limitations. Sometimes, parents include terms in their custody arrangements that prevent either parent from taking the children out of the state without prior approval. Generally speaking, international travel usually requires pre-approval.
The parent proposing the travel plans likely needs to communicate their intentions to their co-parent before booking a plane ticket or putting down a deposit at a resort. What seems reasonable to them might seem unfair to the other parent.
If the other parent doesn’t provide consent for long-distance travel, then the matter may need to go to family court. A judge can potentially rule that the travel is appropriate and grant one parent permission to take the children out of state.
However, there’s never any guarantee of success in such cases, as judges have to consider the best interests of the children. The parent suggesting the trip may view it as a way to bond. Still, a parent opposing travel might be able to put together a compelling argument to present to a family law judge. Parents worried about alienation attempts or parental kidnapping are among those who may need the courts to intervene when a co-parent proposes long-distance travel.
The more contentious the relationship between the parents is, the less likely they are to agree on matters like travel. Reviewing a custody order and travel plans with a skilled legal team can help a parent determine if they can schedule a trip with their children or if they have grounds to oppose a proposed vacation.
