Traveling with Your Child after Divorce

Custody: Traveling with your child after a divorce can become a complicated matter, but you can greatly simplify it by planning ahead.

The most essential step is ensuring that your custody-controlling document clearly defines the details of custody arrangements, including a number of considerations regarding vacations and travel. Here is a list of some important issues to consider:

• What adults can take your child on vacation or can be present on vacation?
• What arrangements (sleeping, food, etc.) are required for your child?
• While the child is on vacation with one parent, what contact will the other parent have with the child?
• What information (locations, duration, others present, activities) must be provided by the vacationing parent?
• Can the child be permitted to miss school to go on a trip?
• What legal provisions must be made for international travel?

Once you have clearly defined the guidelines and stipulations of travel, there are a few other preparatory steps to take before you take your child on vacation.

Make sure you plan the date carefully so that it does not encroach on the other parent’s legal time with your child. There is no legal reason why your ex should give up his or her time with your child so that you can go on vacation. If your relationship is amicable, you can possibly come to an agreement, but don’t assume this will be the case.

Be sure to have copies of your child’s important documents, like his or her birth certificate, immunizations, and other crucial information. Even if you are the parent who holds the originals, take copies with you on the trip.

Be prepared to keep detailed documentation of all conversations you have had with the other parent regarding the vacation and all correspondence during the trip. This way, if there is any future dispute, you will have a record of all actions and can avoid a “he said she said” situation.

International travel poses unique problems. If you child is under 16 and does not have a passport, both parents must sign to give permission to obtain one, unless you have sole custody – but even then, you must prove it. Still, some countries require a letter of consent to travel from the parent who is not present.

If you have concerns about your spouse taking your child out of the country, perhaps because you have gotten little cooperation in the past or because your ex has friends or family there and may prolong the stay, you may need to consult an expert attorney. Once out of the country, it would be very hard to enforce American custody laws and very expensive to pursue a legal battle. Your recourse is to have the court require that your ex post a Ne Exeat bond, detailing destinations and duration of the trip, and posting a sum of money sufficient for you to pursue international legal efforts to get your child back should your ex violate to the terms of the divorce settlement.

Taking these precautions will allow you to have an enjoyable, worry-free vacation with your child, as well as allow you to breathe easier when your child is vacationing with your ex.

-Jennifer Gardella, for the law office of Elissa C. Goldberg, Esquire. Call 215-345-5259 for a free first consult with Elissa C. Goldberg.

Law Office of Elissa C. Goldberg
107 North Broad Street, Suite 211
Doylestown, PA 18901