Episode 20

Navigating Holiday Travel Custody Disputes

In this episode of Advocating for Dads, Jana, a seasoned family law attorney, delves into the complexities of holiday travel custody disputes. From parental rights to court orders, Jana provides insights on handling travel conflicts during the festive season.

Can a parent take a child out of the state for the holidays without the other parent’s permission?

In general, parents have the right to take their children wherever they choose unless there’s a court order specifying travel restrictions or notice requirements. If there are no such restrictions in the custody order, a parent can usually take the child out of state for the holidays.

What should a custody order specify about holiday travel?

A custody order typically includes language about holiday visitation rights and may have a section specifically outlining requirements for holiday travel. This section may cover notice for travel, any travel restrictions, and details about holiday visitation schedules for each parent.

Is written consent necessary for trips across state lines or international travel during the holidays?

Generally, written consent is not required for travel unless specified in a custody order. Parents typically have the right to take their child anywhere they choose, domestically or internationally, as long as there are no legal restrictions in place.

What can a parent do if the other parent refuses holiday travel during their scheduled time with the child?

If a parent is denied holiday travel during their scheduled time, they should review the custody order for specific provisions related to travel and holidays. If the other parent is in violation of the court order, options include involving law enforcement to enforce the order or filing a motion for contempt with the court.

Should travel disputes be resolved outside of court if possible?

Ideally, parents should attempt to resolve travel disputes amicably before resorting to court intervention. Establishing a clear holiday schedule, such as alternate holiday arrangements, may help mitigate conflicts and avoid the need for legal intervention.

What proactive steps can dads take to prevent last-minute holiday travel issues?

Dads can proactively communicate with the other parent about holiday travel plans as early as possible. Discussing and agreeing on travel arrangements in advance can help prevent conflicts and ensure that both parents have meaningful time with their child during the holidays.

Should travel plans be communicated through co-parenting apps or in writing?

The method of communication depends on the relationship between the parents. In amicable relationships, written communication via text or email may suffice. However, in high-conflict situations, using co-parenting apps can help keep all communication related to the child in one secure platform.

How far in advance should parents give notice for holiday travel with their children?

It is advisable to provide notice for holiday travel well in advance, especially for international or air travel. A minimum of six to eight weeks’ notice allows both parents time to plan and make necessary arrangements without last-minute complications. Communication and planning ahead can help avoid conflicts and ensure smooth holiday arrangements.