Summer Vacation is a big deal – especially when co-parenting with the child’s other parent due to a divorce or allocation of parental responsibilities (APR) proceeding. You have less time with your child in general and now the other parent has a say in when you can spend that vacation time and where you can go.
Here are 10 legal considerations to keep in mind when co-parenting to help summer vacation go as smoothly as possible.
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.
For example, it is common for a parenting plan to allow one parent to have first choice for vacation days in even years and the other parent to have priority in odd years. It is also common to have a deadline for giving notice of the vacation plans. Familiarize yourself with these and make plans well in advance. If you 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 explain how to get a copy.
2. Get Written Consent
If you plan to travel out of the state with your children for a summer vacation, 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. With international travel, parties may have concerns about the U.S. State Department security level of the country you are visiting and related international travel advisories. Some parenting plans only allow travel to Level 1 and 2 nations. If the other parent is a foreign national, you may want to familiarize yourself with abduction protection measures and whether the nation the children will be visiting is a member of the Hague Convention. Countries that are NOT members of the Hague Convention may make it more difficult to serve court papers, locate and return the child. Review the State Department’s information about preventing international child abduction.
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 summer vacation 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 and APR court 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. Keep School and Extracurricular Activities in Mind
If your child is involved in extracurricular activities such as sports, dance, debate or music, make sure you know of any events, competitions and tournaments that are happening during your expected summer vacation 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.
6. Have All 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. Be Fair Regarding Emergencies
If there is a real emergency, such as the death of a grandparent, it may make sense to change the usual schedule, but be fair. Your new spouse’s parent who your child has never met may NOT be an emergency event for your child while a beloved aunt may be very close to your child and take priority.
Do NOT pretend your parent is dying to get vacation time or frequent flyer miles. And never put the child in the middle or use them as a messenger. Do not plan a wedding during your partner’s family emergency and then hold it out as an emergency. Weddings are not emergencies. Courts see these shenanigans as does our firm. They will not be impressed. Instead, try to 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. But 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 often contacted during or before summer vacation 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 vacation 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 summer vacation. 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.
