Travel is an option almost any time. As long as people can afford transportation and lodging, they can travel as far as they wish. Parents often enjoy teaching their children about the world and sharing new experiences with them. Travel can be an important part of a child’s upbringing.
Parents looking for ways to reconnect with their children after a difficult change in circumstances, including a recent divorce or breakup, may decide that planning a trip is the best possible option. They could take the children to theme parks in Florida or head out west to see old-growth forests.
When parents share custody, they sometimes have to make certain sacrifices regarding their day-to-day lives and plans with their children. Do parents need permission to travel with their children during summer vacation or other school breaks in a shared custody scenario?
Both parents have certain rights
Whether or not permission is necessary for a planned trip depends on several factors. The duration of the trip is an important consideration. Typically, travel plans that take place only during one parent’s time with the children do not require pre-approval.
Both parents typically have the right to make their own arrangements for spending time with their children during their parenting time. However, the terms included in the custody order or parenting plan can also influence travel options. Parents may have agreed to limit trips to a specific geographic region or to ask for pre-approval for long-distance trips, such as international travel.
In healthy co-parenting relationships, both parents readily share information with one another and compromise to make major plans work optimally. A co-parent might agree to reschedule a parenting session to make the travel arrangements simpler for the other parent and the children.
In cases where the current parenting plan restricts travel or where the other parent has credible reason to worry about interstate or international parental kidnapping, prior consent or even court permission might be necessary for summer vacation plans. Most of the time, however, parents can plan vacations during their parenting time without the approval of the other parent.
Reviewing the terms of a custody order and communicating proactively can help co-parents avoid conflict related to vacation plans. In some cases, it may be necessary to adjust travel plans or ask for the intervention of a judge because of disagreements related to vacation travel, and that’s okay.
