It is important for you to know there are legal limitations on traveling with children during your divorce. Once divorce paperwork is filed, your complete freedom to travel with your children at will becomes a bit more limited and complex. If you wish to leave area or the State of California with a child during the process of a divorce you will need the expressed written consent of the other parent or an order from the Court.
You may wish to go out of state to visit family, or you may have even been planning a specific trip for a long time. You may have already purchased tickets and made reservations well in advance. It will still be necessary to seek the written consent of your former spouse or authorization from the Court.
The Judge in your case is concerned about the well being of your children and protecting their best interest. The Judge will also ensure that neither parent gains an unfair advantage over the other regarding the child(ren) while preserving (as much as possible) the “Status Quo” throughout the process of a divorce. Some parents may wish to take their children and move out of the area or away from California during or after a divorce. If you take a child out of the area without the written permission of the other parent or an order from the Court you risk your own parenting rights.
Traveling with children during your divorce to visit relatives or to complete a planned vacation shouldn’t be an issue, but it will require a few extra steps. Child custody and parenting time are serious issues and travel with a child without advance written permission can actually harm your own position as a parent during the divorce.
If you plan on traveling with children during your divorce you need the sound counsel of the Certified Family Law Specialists at Burke & Domercq. We invite you to contact us or call 760-434-3330 to learn more or schedule an appointment.