Tips for Vacation Travel with the Kids For Separated Families

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There are many hardships involved in separation or a divorce in a family. Kids and parents will have less time with each other on a regular basis, and many times there is conflict over the times that each parent can have with the children. Coming to an agreement on a custody schedule and parenting plan can be difficult for some families, but it’s an important part of ensuring that children have an appropriate amount of time with each parent.

One of the issues that parents must agree on is a vacation schedule, where each parent has time during the year to spend with the child either traveling or relaxing during one of the school breaks such as spring break or summer vacation. Family law courts ultimately decide parenting time, but if parents can both agree on a schedule, the court will usually accept the parenting plan.

If you are going through a divorce, and you have children, it’s important to determine a vacation schedule with your former spouse before any traveling takes place. Here are some tips to guide you through the process.

Does Vacation Time Have Priority?

One of the things to consider is if vacation time or regularly scheduled visitation time will have priority. Making this determination and having it in writing will help with future conflicts. For example, if one parent is supposed to have the child for a regularly scheduled visitation the same week that spring break occurs, and the other parent is scheduled to have the child for spring break, which one of these situations supersedes the other? Make sure to include instructions for these conflicts in your parenting plan.

Include Specific Language in Agreement

You may think that you and your former spouse agree to something, but it’s best to have every detail of the plan spelled out specifically. If you want to include travel restrictions such as no overseas travel, make sure that your wishes are spelled out and accepted by the court. Set clear rules for travel and include those in your plan. You can never be too specific when it comes to outlining how you agree to parent your children. The last thing you want is confusion later on when the child is ready to leave for a trip.

Always Sign and Notarize Travel Consent Forms

It’s important that both parents are aware when travel is happening, and it’s also important that both parents sign travel consent forms. If one parent is questioned about travel with the child, it’s best to have documentation that both parents have agreed to the travel, especially if there is international travel involved. Always better to err on the side of caution and protect yourself by having in writing that both parents have agreed to the travel plans.

Require/Provide Detailed Travel Information

If you are the parent taking the child on a trip, be sure to provide the other parent with detailed contact and travel documentation. This can include hotel and flight information, as well as the contact information of each adult on the trip. Likewise, if you are not the parent traveling, you should require that the other parent provide this information prior to the trip. It’s always best to be transparent with any plans that involve your children in order to avoid any unnecessary court battles in the future.

Divorce can create issues in many areas of your child’s life, which is why it’s important to have an appropriate parenting plan in place before the divorce is final in order to provide as smooth a transition as possible. Your child’s needs such be a priority throughout this process, especially when planning a vacation schedule, which can oftentimes provide relaxation and relief during a tough transition time.

If you are in the process of going through a divorce, it’s a good idea to consult with an experienced family law attorney who can help guide you through the process of establishing a parenting plan.

References:

Brandt, J. (2016, May 12). Traveling with kids: 5 tips for divorced co-parents. Retrieved March 07, 2018, from http://stories.avvo.com/relationships/divorce/traveling-with-kids-5-tips-for-divorced-co-parents.html

Spengler, T., & Group, L. (n.d.). Family Law & Restrictions Regarding Vacation. Retrieved March 07, 2018, from http://traveltips.usatoday.com/family-law-restrictions-regarding-vacation-52321.html

 

 

 

 

About The Spatz Law Firm Blog

Russell A. Spatz, Esq. has been practicing as a Criminal Defense Lawyer in Miami Dade County for over 35 years. Having served as an Assistant State Attorney and Division Chief to two State Attorneys, Richard E. Gerstein, (1975) and Janet Reno, (1978), Russell A. Spatz, understands the complexities that are involved in defending a criminal case, and how to put his knowledge and experience to work for his clients as their criminal defense lawyer in Miami. Connect with Russell on Google.

Posted on March 8, 2018, in Uncategorized. Bookmark the permalink. Leave a comment.

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