Before parents separate, traveling with children for a vacation is simple enough – check passports, plan your trip, save up, book, and go. After separation there are many other things to consider.
If you have a separation agreement or a court order, there is probably a section that deals with travel. Check your documents carefully to ensure you follow all required steps. Contact your lawyer if you are unsure or have any questions.
One of the benefits of having these documents is that certain travel has often been ‘pre-approved’, for example, that you can take one or two weeks during the year, sometimes at set times, on notice to the other parent, and it is not a question of getting permission, but simply scheduling the time.
If you don’t have a separation agreement or a court order, you will need to give the other parent all of the travel information, but you also must get their consent. If your proposed trip is outside of your regular parenting time you must also get consent to change the schedule.
If you cannot get consent for your trip you are going to need a court order, which can take some time. While urgency can allow you to access the court more quickly it is a very high threshold to skip the regular queue. You should start your planning for any trip well in advance and consider including terms concerning travel in the final settlement of your matter.
Our expert team at the Ross Firm can assist you with your family law issues. Contact our office at [email protected] to set up your consultation.
Disclaimer: the above blog post does not constitute legal advice and is for information purposes only. We strongly recommend obtaining legal advice with respect to any legal issues.
