The holiday season can bring both joy and stress, especially when you’re navigating a divorce. Vacations, which may offer much-needed relief during this challenging time, require careful planning and communication to avoid legal and emotional complications. Whether you’re considering a local getaway or international travel, it’s important to understand how vacations with children during a divorce should be handled.
Here are five essential tips to avoid conflict:
Notify Your Attorney First
As soon as you begin planning a vacation, your first step is to contact your divorce attorney. They can help you navigate the legalities and provide guidance specific to your situation. Depending on the status of your case and local laws, there may be specific court orders or custody arrangements that impact your ability to travel. For example, existing temporary orders may require that you obtain permission from the other parent or the court before traveling, especially if you plan to leave the country.
Review Court Orders and Custody Agreements
If there are any existing court orders, especially those related to custody, it is crucial to review them before making any travel arrangements. Many court orders have provisions related to travel, including restrictions on international travel or requirements to notify the other parent. If you wish to travel internationally, you may need court approval, which involves filing a motion and possibly attending a hearing to explain the urgency and details of your trip.
This process can take time, so it’s important to start early. Your attorney will help you gather the necessary documentation, such as travel tickets and proof of any emergency situations, to support your request.
Communication Is Key
When dealing with vacations during a divorce, open communication with the other parent is essential. The best-case scenario is reaching an agreement that allows you to take the children on a holiday getaway. This agreement could specify important details such as the trip’s duration, accommodations, and how the other parent can stay in touch with the children during the vacation. Having an agreement in place helps prevent misunderstandings or accusations of wrongdoing.
It’s always a good idea to formalize the agreement by submitting it to the court and having it entered as part of a court order. This provides legal protection for both parents and ensures that there is a clear understanding of the vacation terms.
Request Court Approval
If the other parent refuses to grant permission for your vacation, you may need to seek a court order. Filing a motion to request vacation time allows the judge to review your plans and decide whether the trip is in the children’s best interest. The court may impose certain conditions, such as requiring detailed travel information or limiting international travel due to safety concerns.
Failing to obtain the other parent’s permission or a court order can have serious legal consequences. You could be accused of parental kidnapping, which could result in legal penalties or even restricted custody rights. Always ensure that both parties are informed and that the necessary approvals are in place before taking the trip.
Resolve Conflicts Over Passports
It’s not uncommon for one parent to refuse to provide the children’s passports for a planned vacation. If this happens, you may need to take steps based on the custody agreement and the legal status of the passports. First, review the custody agreement for travel and passport control clauses. If the agreement supports travel, you should request the passports in writing, documenting all communication. If this fails, mediation may help resolve the issue, but if not, you can file a motion in family court seeking an order for the passports. For urgent matters, you may request an emergency hearing. If the other parent continues to withhold the passports despite court intervention, you may need to seek an order to apply for a new passport without the other parent’s consent.
Consulting a family law attorney is crucial at each stage to protect your legal rights.
The experienced and compassionate attorneys at Schoenberg Family Law Group are skilled in handling all aspects of family law and can assist in divorce-related challenges.
By Debra Schoenberg