Can I travel with my children after separation or divorce?

by | Apr 21, 2022 | Child Custody And Visitation

For most parents getting divorced or separated, their primary concern is the well-being of their children. However, what that entails may differ between you and your ex and can be a great source of conflict.

One such thing that may be a source of conflict is travel. You may want to take your kids on vacation or could be traveling for business and want to take them along with you. Either way, you need permission to do so. So what steps should you take?

Consult your custody agreement

Go over your custody/visitation order and familiarize yourself with any travel restrictions that may be there. 

It may be that you can travel out of state but not out of the country during your parenting time or it could be that you can only travel a certain number of states over. Either way, ensure that you follow the guidelines in place to avoid any legal repercussions.

Consult your ex

Anytime you want to travel with your children out of state or out of the country, you probably need to inform your ex and get their consent. If they have any reservations about where you are going and for how long, they may present a challenge for you. Additionally, depending on how long you will be gone, it may eat into their parenting time, therefore, affecting the agreed-upon custody rights. 

Consult the court

In the event that all travel is restricted and your ex does not give consent, you may get the court involved and seek special permission to allow your planned travel – but you need to have a compelling argument.

Travel can be eye-opening for children and can expand their cultural awareness. If this is an experience that you want to share with your children, then it is worth the effort of getting permission. Learn more about what you need in order for you to travel with your children safely and legally.

*The above is not meant to be legal advice, and every case is different. Feel free to reach out to us at Hoover Krepelka, LLP, if you have any questions. Information contained in this content and website should not be relied on as legal advice. You should consult an attorney for advice on your specific situation. 

Visiting this site or relying on information gleaned from the site does not create an attorney-client relationship. The content on this website is the property of Hoover Krepelka, LLP and may not be used without the written consent thereof.


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