If you are in the throes of a contentious divorce, you probably need a vacation now more than ever. It’s important to practice good self-care during your divorce, but it’s also important to abide by any custody restrictions the family law courts may impose.
Read on to learn some pertinent information before planning your next vacation with your children.
You may need the court’s permission to leave the state
Depending on where your vacation travels may be, you could face significant blowback from your soon-to-be ex and the court if you plan to leave the state. Not every divorce comes with these types of travel prohibitions, of course.
But for those in high-conflict divorces or where there is a threat of the child(ren) being taken out of the jurisdiction of the court permanently, travel restrictions may indeed apply.
Can the court bar the kids from traveling?
In some cases, the family law judge may restrict travel out of state during the pendency of the proceedings by issuing a temporary custody ruling detailing such. You may have the opportunity to plead your side of the case at a hearing set for this purpose. Your legal advocate can offer guidance to you about this issue.
Should you seek travel restrictions for your kids?
This is never an automatic prohibition, so if you suspect that it would not be in your children’s best interests to travel out of state with their other parent, be prepared to prove your argument in court to prevail.
It’s highly likely that the other parent will chafe at these restrictions and counter that the kids are perfectly safe while traveling out of state or even the country. It will be up to the court to weigh these arguments and approve custody arrangements that best protect the children.