Summer is one of the busiest times of year for family vacations. Whether you’re planning a weekend road trip, visiting relatives, or flying across the country, travel is often a highlight of the season.
For divorced or separated parents, however, vacation planning can raise an important question: Do I need the other parent’s permission to take our child on vacation?
The answer depends on your custody order, where you plan to travel, and the specific circumstances of your case.
Start With Your Custody Order
The first place to look is your existing custody agreement or court order.
Some custody orders include specific provisions about travel, including how much notice must be given, whether written consent is required, or what information must be shared before a trip. If your order contains these requirements, both parents should follow them carefully.
If your custody order is silent on vacation travel, the answer may depend on where you’re going and whether the trip interferes with the other parent’s scheduled parenting time.
Traveling During Your Parenting Time
Even when not legally required, keeping the other parent informed is often in the child’s best interest.
In many cases, a parent may travel with their child during their own scheduled parenting time without obtaining the other parent’s permission. That doesn’t mean communication isn’t important. Sharing basic travel details, such as where you’ll be staying, how to reach you, and when you’ll return, can help avoid unnecessary conflict and provide peace of mind for everyone involved.
What About Out-of-State or International Travel?
Traveling outside of Utah, or outside the United States, may involve additional considerations.
Some custody orders include restrictions on out-of-state or international travel, while international trips often require additional documentation. Depending on the child’s age and circumstances, you may also need the other parent’s consent for passport-related matters.
If you’re planning international travel, it’s a good idea to review your custody order well in advance and address any concerns before making reservations.
Can the Other Parent Say No?
A parent generally cannot prevent reasonable travel simply because they disagree with the vacation. However, if the proposed trip violates the custody order, interferes with scheduled parenting time, or raises legitimate concerns about the child’s safety or return, the situation may require legal guidance.
If parents disagree, it’s usually best to address the issue before travel begins rather than after plans have already been made.
Planning Ahead Can Prevent Problems
Most vacation-related custody disputes can be avoided with early communication and careful planning. Before finalizing your trip, consider:
- Reviewing your custody order for any travel requirements.
- Providing advance notice if appropriate.
- Sharing travel dates, destination, and contact information.
- Confirming that the trip does not interfere with the other parent’s parenting time.
A little planning can go a long way toward avoiding misunderstandings and helping everyone enjoy the summer.
The Bottom Line
Vacation should be a time to make memories and not to create unnecessary legal disputes.
If you’re unsure whether your travel plans comply with your custody order or have questions about your rights as a parent, an experienced family law attorney can help you understand your options before you leave.
Call us: (801) 348-2779