Can I Go on Vacation with My Kids During a Divorce?

 Posted on June 27, 2023 in Divorce

Wheaton Divorce LawyerIt is essential for you to try to maintain a sense of normalcy during a divorce, especially for the sake of your children. One way to tend to yours and your children’s well-being is to take a vacation during this difficult time. However, you may not be able to simply go away without either consent from the other parent or a court order. Your family law attorney can advise you about what you need to do before you can take the children on a trip.

International Travel Will Usually Be Off Limits

Typically, you would not be able to take the children outside of the country while the divorce is pending. The courts would be afraid that the children may not be brought back. If the children do not have a passport, both parents would need to sign a consent form for the children to apply. It is unlikely that a court would allow you to leave the United States with the children before there is a final order. 

It Is Better to Get the Other Parent’s Consent

You are better off reaching an agreement, or taking the trip with the consent of the other parent. You may agree on the terms of the trip, including where you will take the children, how long they will be gone and a means for the other parent to reach them while they are away. The agreement may be mutual, allowing your ex-spouse to also take the children on a vacation. This could be a part of an interim custody agreement or outside the terms of the divorce agreement.

Your Attorney May Seek a Court Order

If the other spouse does not consent to the trip, you may be taking a chance if you go on the vacation anyway. You could end up in trouble yourself. Accordingly, you should petition the court and seek an interim order that allows you to take the trip. The judge would consider your vacation through the best interests of the child. The judge may be receptive to your arguments, especially when the vacation will benefit the children.  

Contact a DuPage County Family Law Attorney Today

Vacations are just one issue about which you may need legal advice during a divorce. The Wheaton family law attorneys at Andrew Cores Family Law Group can counsel you about all issues that you may face, as well as help you negotiate the divorce agreement. To schedule a free consultation, you can call us today at 630-871-1002.



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