TRAVELING OUT OF STATE WITH MINOR CHILDREN?

If you have children under the age of 18 years, one of these changes after filing for divorce will be when you travel either out of state or internationally. While unless there are extenuating circumstances you cannot prohibit your children from taking vacation with the other parent outside of their home state. Any 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—I must caution you as this will be a mistake, especially if custody is an issue.  Children are to enjoy their time with both parents. As you are now divorcing, you can no longer decide every school break with your children or have them to yourself all summer and every break and your children are permitted to go with their other parent and should go.

However, prior to your children leaving you are entitled to 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 with while they are away. Please remember that “reasonable” does not entitle you to a phone call or video call every hour or even 4 times a day. It “may” be once a day.

If you are the parent taking the children away, be sensitive, especially if this is the first time the children will be away from the other parent. Most importantly, 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, 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 your number one concern.  Always conduct yourself with the well being of your children first and foremost, it will save you and your children much stress and ill feelings.