One of the great things of being a parent is sharing great experiences and adventures with your children. Vacations are a great way to take your children places to explore what is out there and to enjoy themselves with their parent or parents in a relaxed environment. This is true whether you are a single parent or not, vacations and holiday time are precious moments that you and your children may remember forever. This article is about a parent’s legal ability to travel on vacation with their kids, whether out of New Jersey or outside of the United States. I know this as a parent, as once being a child, and now as a family law attorney in New Jersey that spends considerable amount of time on parenting time disputes in Hudson County Family Court, Essex County, Union County and beyond.
When you are in court over child custody and parenting time, you should always seek a defined parenting schedule in a court order so that your parenting time is not limited or conditioned upon anything that would put your valuable time at risk such as the custodial parent’s attitude, whether you are late on alimony or child support payments and a whole list of other reasons that do not permit a custodial parent from you seeing your child.
A court order will permit you to have parenting time with your child at scheduled times. If the mom or dad refuses to honor it, you can bring an enforcement motion in court where the parent can be fined, sanctioned or even be put in jail for violating the court order. If the practice continues, the custodial parent can lose residential custody.
While you may seek a defined order, it is important for the order to make sense so if you seek to travel outside of the United States or within the U.S., it should say in the order when you must seek approval or in the case of traveling in the country, when you need to notify the other parent and with what information. Some information should be :when you are leaving, returning, where you will be staying, emergency contact information, when will the passports be exchanged/given, etc.
If the custodial parent does not agree, You need a court order indicating you can travel to the destination you are going to. For this reason, you should give yourself enough time so that if mom or day say no to the vacation, you can go to court and seek court approval instead of losing the money you spent on the tickets and the disappointment of having to tell your child, the vacation you planned is cancelled. Proper planning can prevent certain heartbreaks and issues. Let us help you do that.
The Artusa Law Firm is experienced in family law and divorce law disputes in New Jersey. Whether there is an issue concerning vacation and traveling abroad with your children, relocating to another state or country, seeking more parenting time, or any other related matter, we can help you today. While our office is in Jersey City, New Jersey, we practice in every county in the garden state when family law is involved. To discuss your case or situation, contact us today on 201-706-7910.
For office directions or more, see our map below: