September 29, 2020

Can My Ex Stop Me from Taking My Child on Vacation?

The divorce has been finalized, and you think you’re in the clear. You’ve worked out a custody arrangement that works for you, and now you just want to enjoy the time you have with your kids.

You’ve planned a vacation, but suddenly it occurs to you that you might need to get permission from your ex before taking the kids out of town. You might even wonder: Can my ex stop me from taking my child on vacation? That’s the question we’re here to answer today.

Child Custody Agreements and Travel Restrictions

Child custody orders can be vague or they can be very descriptive. If your custody order outlines travel very specifically, then you should simply stick with the order and make sure you don’t violate it.

If your custody order is vague, you might not know whether you can travel without permission from the other parent. If your child custody order is vague and doesn’t outline travel restrictions, the first thing you can do is speak to the other parent and get permission for you to take the kids on vacation, preferably in writing.

If they refuse to give you permission, then you might consider asking the court for travel permission.

You should be able to travel, unless the vacation time would interfere with the other parent’s court-ordered parenting time. For you to be denied a travel request, the other parent would have to show that it’s not in the child’s best interest to travel.

For more information about vacation and travel time in the context of divorce, speak with a family child custody lawyer.

Obtain Help with Your Family Legal Issues

You might need some assistance modifying your custody arrangement so that travel won’t continue to be an issue in the future, or you might want help getting a judge to authorize a travel request.

If travel is not outlined in your custody agreement, then yes, your ex might be able to stop you from taking your child on vacation. Speak to a family lawyer about your specific case by calling The Law Office of Laurence J. Brock at 909-466-7661. You can also reach our firm through the form located at the bottom of this page.

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