SUGGESTIONS FOR TRAVELING OUT OF STATE WITH MINOR CHILDREN DURING OR AFTER A DIVORCE

If you have children under 18 and are planning a divorce, or currently in the middle of   a divorce, you will need to notify the other parent if you wish to travel either out of state or internationally. However, unless there are extenuating circumstances the other spouse cannot prohibit you from taking your children on vacation outside of their home state. Travel with children within the State is usually not an issue.  

If you are thinking about limiting your child’s travel with the other parent—please do not… especially if custody is an issue.  Children are to enjoy time with both parents. You are  divorcing or are already divorced and you no longer are able to decide every school break with your children or have them with you all summer. Your children are to enjoy time with both parents. 

However, you are entitled to know where your children are and should receive a full itinerary of the trip, including flight information, who will be on the trip and where they are staying. Furthermore, you are also entitled to reasonable contact while they are away with their other parent. However, “reasonable” does not entitle you to a phone call or video call every hour or even a few times a day. It “may” only be once a day. 

If you are the parent taking the children away, be sensitive to the situation for both your children and the other parent. Your children will benefit from the open communication and respect that you and your (ex)spouse show each other during this time, which will also make the trip more enjoyable for your children.

You and your (ex)spouse should inform each other of travel dates in a timely manner which will normally be designated in your Stipulation of Settlement.  If there is no Stipulation, or if it is not included then prior to booking your vacation discuss the itinerary and I would also recommend that you be flexible with this notification provision.  Remember, your children should be your first priority and their best interests should always be the most important concern. You are the parent and you should conduct yourself with the well being of your children first and foremost, it will save you and your children much stress and ill feelings.