How to Go on Vacation With Your Kids After a California Divorce
Both children and parents can form wonderful memories during vacations. However, going on vacation can become a little more complicated after a divorce. If you have recently ended your marriage, you might not be sure about how to take your children on international, domestic, and local trips. Online research is a positive first step, and it is certainly better than simply packing your bags and leaving without a second thought. An experienced Riverside child custody law firm can provide more guidance on this subject.
Review Any Judgment and/or Orders Affecting Travel with Your Minor Children
After a divorce with minor children, orders are made as to custody and visitation. The orders may be in the Judgment, or may have been made after the Judgment. Review the Judgmennt and/or Court Orders. Consider what kind of custody you have. If you share legal custody, both parents have an equal say in all custody decisions. These decisions may include religion, health care, education, and vacations. If you make these decisions without your ex’s input, you may unwittingly violate a court order.
You might also have shared physical custody, which mandates strict parenting schedules. Depending on your parenting schedule, a vacation might inherently violate the agreement or court order. For example, if you exchange custody every few weeks, a one-month vacation may cause issues. To navigate these complexities and avoid potential legal pitfalls, consulting a child custody attorney in Riverside can provide valuable guidance and ensure compliance with court orders.
The orders may provide a notice requirement for trips and vacation, and/or may provide for preference for travel in any given year. For instance, the orders may state that in even years one parent has priority on vacation and travel, while the other parent may have odd years. It is important to review your current orders on custody and visitation to ensure you comply with the orders. And when in doubt, have the orders reviewed by an experienced child custody law firm.
Get Permission from Your Ex
As a general rule, you should get permission from your ex before taking your children on vacation. If you leave without their knowledge, you could face serious legal consequences. From a purely ethical standpoint, it also makes sense to give the other parent advance notice of your trip. Although impromptu trips can certainly be fun, this may not be possible after a divorce.
Consider Staying in California
To avoid problematic legal issues, you might consider staying inside California. As long as you do not violate your parenting schedule, you might be allowed to take trips inside the state, or within certain county limits, or radius, without your ex’s input. For example, you might take your kids to a national park or amusement park during a weekend. Depending on the circumstances, you might not need to take any additional legal steps beforehand. However, it is still a good idea to let your ex know about the trip. And, even if the orders limit travel and vacation, then the travel may be permitted with the other parent’s consent.
Understand the Potential Consequences
Taking your child across state lines (or out of the country) can lead to kidnapping charges in California. These criminal charges can be very serious, and you can easily commit this crime accidentally. This highlights the need to go through proper legal channels before taking your kids on vacation. Consulting a Riverside child custody attorney can help you understand and navigate these legal requirements to avoid unintended legal consequences.
Create Vacation Protocols in Your Custody Agreement
To avoid potential miscommunications and issues, consider writing out vacation protocols and rules in your custody agreement. You can create these rules during divorce mediation outside of court, and an experienced child custody law firm can help. For example, you might create specific rules about how much advance notice is required before vacations with children and what information should be shared related to the travel such as itineraries and location.
Contact an Experienced Child Custody Lawyer in Riverside
If you need help planning for a vacation after a divorce, an experienced California child custody lawyer can help. Book a consultation with The Knez Law Group, LLP by calling us at 951-742-7681 to learn more about your legal options. While you might have the right to go on vacation with your kids, it always makes sense to go through the proper legal channels. If you are currently going through a divorce, we can also help you put agreements in place that streamline and facilitate future vacations. Book your consultation today to get started.
Matthew J. Knez graduated from the University of Redlands in California with a Bachelor of Arts degree in Creative Writing. He then pursued his law degree at the University of La Verne College of Law in Ontario, California, where he earned various awards, including the CALI Award in Torts, and was on the Dean’s List. During his time in law school, Mr. Knez was a member of the Justice and Immigration Clinic, working with individuals seeking asylum in the United States from countries where they faced persecution or threats of persecution. Additionally, he was an Associate Editor for the Law Review and published an article on California family custody move-away cases. Learn more here.