There are many reasons for parents to travel with their children after a divorce. Perhaps they simply want time to reconnect after a difficult family transition. Maybe they have loved ones who live abroad who haven’t seen the children in years.
Those planning a vacation when they share custody of their children will need to communicate with their co-parent ahead of time. International travel, in particular, may require an adjustment of the established parenting schedule. The parent planning the trip may need to talk about changing custody exchange dates to accommodate travel plans. It is also often necessary to obtain consent from the other parent before planning the trip to avoid last-minute complications.
What do parents need to know about international travel in a shared custody scenario?
Custody orders may limit international trips
In many cases, modern parenting plans include provisions that address long-distance travel. Travel limitations are common in cases where parents have ties to other countries which could raise concerns regarding abduction. Even those who have no intention of permanently leaving the United States may need to discuss travel abroad with a co-parent before buying plane tickets. In most cases, the court is supportive of travel so long as it is safe and does not negatively affect the ability of the other parent to spend time with their children.
What if a co-parent isn’t cooperative?
When one parent has a legitimate desire to travel with the children but the other is uncooperative, they may need to take the matter to the family court. Parents typically share decision-making authority and therefore need to agree on major decisions. If a co-parent won’t approve international travel, then it may be possible to ask the courts to review the situation. A family law judge can authorize travel in cases where parents disagree. They can also impose limitations or communication requirements to help persuade the concerns of the non-traveling parent. In some cases, judges may even agree to modify the custody order to prevent future travel plans from causing a similar dispute.
Complying with both state law and any restrictions outlined in a parenting plan can help people navigate the challenges of shared custody. International travel is often possible with appropriate planning.
