Spring break is a big deal – especially after a break-up when you have less time with your children in general. School breaks take on new significance after going through a significant life change like a divorce or allocation of parental responsibilities (APR) proceeding.
Here are 10 legal tips to keep in mind as you prepare for your first spring break post-divorce or APR in Colorado.
1. Read Your Parenting Plan and Court Orders
Before making any travel plans, review your parenting plan or final parenting orders. These documents often include specific terms regarding vacations, such as designated vacation days, priority years for each parent and general guidelines for travel. You may have priority on different years and notice requirements. Familiarize yourself with these and make plans well in advance. If your plan is unclear in any way, clear it up early on before disputes arise. Always document everything in writing using apps like Talking Parents and Our Family Wizard so you have a paper trail of the effort to confer and come to agreements together.
If you do not know where your parenting plan is or what it says, please go find it. It will be hard to argue you are following it if you do not even have a copy. If you cannot get your hands on your plan and court orders, call my firm at 303-808-4794 or 720-922-3880 and we can help explain how to get a copy.
2. Get Written Consent
If you plan to travel out of state with your children, you must obtain consent from your ex-spouse. Colorado law requires both parents to agree on out-of-state travel to ensure that it does not interfere with the other parent’s rights. Have this done in writing.
Out-of-the-country travel may require a letter of consent. Of course, you need to work out passport issues well in advance as well. This consent should include details such as the full names and birthdates of the children, destination, and dates of travel. Written consent is required by most countries for international travel with minors.
3. Communicate Travel Plans
Some parenting plans require a shared itinerary. Even if not, effective communication with your co-parent is essential. Inform them of your travel plans, including dates, destinations and accommodations. This helps avoid misunderstandings and ensures that both parents are on the same page. If an emergency arises, your children will benefit from the other parent having the correct information. Inform your own family and friends as well.
4. Keep Parenting Restrictions in Mind
During the divorce process, an Automatic Temporary Injunction is in place, which prohibits either parent from taking the children out of state without the other parent’s permission. Make sure you comply with this rule to avoid legal complications. Similarly, if your parenting time is restricted (or the other parent’s is) the rules controlling the restriction remain in effect for vacations too. Same thing for any protection orders or restrictions on contact.
5. Don’t Forget School and Extracurricular Activities
If your child is involved in extracurricular activities such as sports, dance, debate or music, make sure you know of any events like competitions and tournaments that are happening during break before you commit your child to a trip. Not only is this something the other parent may want to use against your child, but it also could be contrary to what the child has committed to and wants to do. Be aware and resolve such time conflicts in advance.
Also, keep in mind homework assignments that need to be done during break. Although your child may not want to spend break on homework, the other parent may point out this problem later and blame you for anything that affects their grades and attendance.
6. Have All Necessary Travel Documents
Make sure you have all necessary documentation for travel, including passports, custody agreements, and written consent from your co-parent. Having these documents readily available can prevent delays and issues at border crossings. Have vaccination records and all vaccines required by the country you are visiting.
7. Avoid Gamesmanship
It is tempting to pile on your vacation with regular parenting time so the other parent is away from the child as long as possible. For example, some parents try to break up their vacation parenting time to overlap the other parents’ time so the two weeks of “vacation” is actually two months away from the other parent. Or if they have a 4/3/3/4 schedule, they might claim their vacation is every three- and four-day period on the other parents’ time and the time in between is just their “regular” parenting time. Courts are wise to this type of trickery and nonsense. Ensure that your travel plans align with your designated parenting time. If your trip overlaps with your co-parent’s time, negotiate and agree on any necessary adjustments. Always prioritize the best interests of your children instead of one-upmanship. Simply put, be reasonable.
8. Avoid Contempt
Some parents prefer to apologize and face consequences after the vacation rather than getting permission and doing the right thing before the break. Failure to comply with court orders or parenting plans can have legal consequences. Non-compliance is not only hard on everyone involved, but also could result in court fees, fines and even imprisonment if the court sees a contemptible pattern of disrespect for court orders.
9. Do Not Count on Emergency Court Assistance
Our firm is commonly contacted during or before spring break by a parent wanting an emergency court order allowing them to take a planned trip or preventing the other parent from doing the same. The problem is that courts are very busy and may not have the court time necessary to address this dispute on short notice. Judges do not necessarily consider your Disney trip an emergency when they are spending hours a day resolving issues like murder and severe child abuse. Understand that you may not be able to get a ruling on that trip until after the break has passed. Travel insurance might be a good idea if you know the other parent has a tendency to try to sabotage vacation plans.
10. Consult an Attorney
Andersen Law PC is happy to provide a free consultation on issues you are facing as you plan your spring break. Feel free to email beth@andersenlawpc.com, call or text my cell at 303-808-4794, or call the office at 720-922-3880. We will get you in the right direction so you can enjoy your vacation on the beach instead of on Webex with the judge or stuck at home without your kids due to an unnecessary misunderstanding.
