So, you want to take your kiddos on vacation and you are separated or divorced from their other parent, there are some things you need to consider about vacations:

  1. Do you have a Custody Order through the Court, with the other parent?
  2. If you do have a Custody Order through the Court, is there language in the Order that speaks to vacationing?
  3. If you have a Custody Order and there is no vacation language, or if you don’t have an Order at all, what should you do to make this vacation as peaceful and relaxing as possible?

You do not have a Custody Order with the other parent through the Court, or your Custody Order doesn’t speak to vacations.

If you don’t have a Custody Order, common sense would dictate that you provide the other parent with as much written notice as you can, and include the following information:

  1. The dates you wish to go on vacation. Optimally, you should provide at least thirty (30) days’ notice of your plans to vacation.
  2. The location you are traveling to, such as Disney World, Ocean City, NJ etc. If it is not a known location (Disney World), provide the street address.
  3. If you are flying, provide the airline, flight numbers and times of departure and arrival.

If you have a problem, without a Custody Order, you have no ability to correct what could be a bad situation. It might be wise to consider modifying your Order to include vacation language.

You do have a Custody Order and there is language about vacations in the Order.

It’s simple: Follow the language in the Order. A “good” Custody Order will require the information in paragraphs a.-c. above. It will also say how many vacation weeks each parent will be permitted each year; whether those weeks can be consecutive or not; whether a parent is permitted to travel outside the United States and other particulars which may be important to you.

If you wish to discuss your Custody Order, give us a call. We are happy to help.

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