Do you need permission to take kids out of state for the holidays during or after a divorce? Does that permission need to be written and does it come from the Court or the other parent ? This is a complex question and is highly fact specific. This year we are headed back into stricter COVID-19 restrictions so practical travel options may be limited to start with. However, parents want to protect their time with their kids during the holidays.
Generally speaking in many cases the answer is “yes, you will need written permission from the court and/or the other parent.”
This also applies to applying for or renewing a passport for your child(ren). The best idea is to contact the experienced San Diego Certified Family Law Specialists at Burke & Domercq to discuss your case.
Have Orders Already Been Issued in Your Case? If your divorce is finalized and orders have been issued by the Court, the process for out-of-state vacations or visits should be quite clear. The best child custody and parenting plans should include permissions for out-of-state or out-of-country vacations or visits. If the question of “Do you need permission to take kids out of state for the holidays during or after a divorce?” is not specifically addressed in those orders it is best to at least obtain written (and when possible notarized) permission from at least the other parent.
If the other parent will not agree to the travel, you either need to consider changing your plans or have our experienced child custody and parenting time attorneys prepare a request for an order from the Court. This can take some time, so it is best to give all parties plenty of notice. In many cases our attorneys are able to request a hearing on the matter in short order.
Taking children out of the jurisdiction of the Court without permission can have a substantial impact on existing custody orders. It simply isn’t usually worth the risk. The Court can impose a broad range of sanctions up to and including removing your custody and/or parenting rights altogether.
If your former spouse or the other parent in your custody case takes the child(ren) out of the area unexpectedly you should contact our firm immediately. Relocating the children or move away cases can involve a bit of deception. The greatest challenges arise when the child is taken to a jurisdiction and the other parent attempts to seek orders from the (new) local court asking for emergency jurisdiction.
If you are concerned about permission to take kids out of state for the holidays during or after a divorce, or have learned the other parent has done so without permission you must act quickly to protect your custody rights. Protect your own interests and contact us or call 760-434-3330 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.