The holiday season often comes with a whirlwind of activity: school parties, work events, end of year duties, and family gatherings. Alongside that, many people travel during the holidays. If you’re divorced (or in the process) and thinking about a holiday getaway with your children, it’s important to take time to finalize custody and travel plans before you hit the road. Once everything is in order, you can enjoy a stress free holiday trip.
Review your Custody Agreement
Before booking any travel, carefully review your custody agreement. It’s critical to confirm what your legal rights are regarding holiday and vacation travel. If you don’t follow what’s written in the agreement, you risk conflicts or even court challenges down the road.
Notify your Co-Parent and Plan Ahead
Giving the other parent plenty of notice about your travel plans is key — especially if holidays or special events are discussed in your custody agreement. If your trip overlaps with the other parent’s scheduled parenting time, talk with them before making arrangements. You might suggest a parenting-time swap that works for both of you. Early communication helps avoid surprises, misunderstandings, or arguments.
Obtain Written Consent
Even if your agreement doesn’t explicitly require it, getting written consent from the other parent is strongly recommended. A written and signed consent (sometimes notarized) provides clarity and helps prevent disputes. This is especially important if you share custody, or if only one parent is traveling with the child.
Gather Travel Documents
Once custody, consent, and dates are set, gather all essential travel documents. This usually includes your children’s birth certificates (or adoption decrees), custody orders or parenting plan, travel itinerary, and, for international travel, valid passports. If one parent isn’t traveling with the kids, some countries or airlines may require a notarized consent letter from the non-traveling parent.
Additionally, if your trip crosses state lines or international borders, you may want to carry documentation of your custody status and the other parent’s consent, just to avoid any questions or issues.
If you cannot get consent, seek legal advice. If the other parent won’t provide consent, or if travel isn’t clearly covered in your custody agreement, consult an attorney. A lawyer can help you understand your rights and may assist with getting a court order when necessary. This ensures you avoid legal issues or accusations of custodial interference.
