Modifying a Custody Order for Vacation or Travel

Adults who plan their vacations in accordance to their work schedule experience difficulty when attempting to coordinate with their family’s busy activities.  This is especially true with adults who share custody of their children with another parent. Parents who take their child across state lines in violation of a custody order can expose themselves to contempt of court charges and, potentially, charges of parental kidnapping.

Custody Order
In some cases, adults share custody of their children under a court order that addresses the issue of out-of-state travel. In the event that the order allows or in does not prohibit traveling across state lines, a parent is permitted to travel with their children from state to state. However, it is imperative that traveling parents look for restrictions on their custody order. A common restriction in such an order is that the traveling parent must receive consent from the other parent to take the kids out of state. Even if the order does not require it, it is best to get the other parent’s consent in writing. Written consent could be helpful in case a dispute arises in the future.

During Travel
While traveling out of state, keeping the other parent informed of the itinerary can help ease tension. In most cases this is not a requirement. However, if the parent fails to abide by the terms of the court order or written permission of the other parent, the traveling parent could face civil or criminal penalties. A federal or state warrant may also be issued and the parent may face charges under the International Parental Kidnapping Crime Act.
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 Custody Order Not in Place
In some instances, parents want to travel out of state with their child, but custody is still pending or no order is in place. In this case, it is wise to seek the consent of the other parent or receive court approval. Establishing a record of unilateral actions without consulting the other parent can make a judge believe that that parent will not be able to effectively co-parent, and could potentially lead to modification of an existing custody order.