Taking the children away on a vacation is a frequent source of conflict after separation, and the subject of many Family Court motions. The non-travelling parent may be jealous or fear that the trip could give the travelling parent the advantage of having a better relationship with a child. Judges, on the other hand, aren't concerned about these notions and will always base parenting decisions on whether the trip is in the child's best interest.
If the parents have lawfully separated or divorced, it is likely that there is a separation agreement or Divorce Order already in place. These agreements or orders will stipulate the arrangements for custody of the child. Typically, the agreement or order will contain detailed information pertaining to the precise days and times the children are to spend with each parent. That being said, Judges will generally allow changes to the parenting schedule to allow a child to go on a vacation.
What do you do when a parent unreasonably refuses a travel request?
Unfortunately, it may be necessary to go to family court if the other parent continues to unreasonably refuse to allow a parent and child to travel. One advantage of going to court is that if the judge is dissatisfied enough, the resulting court order may dispense with the necessity of getting travel consent in the future.
Nevertheless, if the trip is looming, it is advisable to obtain legal advice specific to your situation. Getting proper advice will give you the best possible chance of the vacation going ahead as planned.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.