Spring Break is just around the corner and for many families, that means going on a much-needed vacation. However, if you share custody of your children, you may have some additional considerations before traveling outside of Illinois. Generally, when a parent exercises his or her own parenting-time, that parent is free to spend his or her time as they see reasonably fit. But this does extend to out-of-state travel. Before you plan your next vacation, make sure to make the following considerations.
Getting Approval
In most situations, you will be required to receive permission from your child’s other parent to travel out-of-state or out of the country. Asking permission typically includes notifying the other parent of your travel destination, a travel itinerary which includes the amount of time you plan on being out-of-state, your planned housing accommodation(s), etc. However, each parenting and/or custody agreement is different, and the exact process for preparing your children to travel with you may differ from family to family. For some parents, it may be enough to receive oral consent to travel with their children, for others, their parenting agreement may require written permission or no permission at all. However, it may be good practice to always have written consent and to bring such written consent on your travels in the event that the other parent objects in retrospect.
Now, what happens if the other parent refuses to allow you to take your child out-of-state or to another country on vacation? Although this may be frustrating, it does not necessarily mean that your vacation needs to be cancelled. In such an event, you may be able to petition the court for permission to travel with your child. Generally, it is better to work things out without court intervention, but sometimes, it can be impossible to come to a mutual agreement otherwise.
International Travel
If you are planning to travel with your child to another country, then you may have some additional considerations. If your child needs to obtain a passport, then both you and the child’s other parent must sign a written minor child consent form. You should also carry any legal custody documents with you while out of the country in case any airlines or government officials request proof of your child’s ability to travel out of the country.
Contact Us
No matter what, it is important to take these considerations seriously before taking your child out of the state. If you fail to properly notify the other parent before going on vacation with your child, you may be opening yourself up to serious legal action. If you or someone you know is having any issues related to child custody or parenting time, make sure to contact the experienced attorneys at Hayes Law so you can learn about the options you have in the care of your child.
