Traveling with children after a divorce can pose some interesting difficulties. Holidays are always fun and can help families bond, and relax. You might wonder though what traveling with kids after divorce entails? Can you take your kids out of the country? Do you need any paperwork?
These questions and worries can make holidays seem stressful, but they don’t have to be. If you understand exactly what your agreement states and keep to these laws then you don’t have to stress; You will be able to enjoy a fun-filled holiday with your babies!
This article will discuss the difficulties that divorced parents face when traveling with their kids.
Visitation and holiday schedules could pose difficulties
According to Onlinedivorce.com, you will need to read through your custody arrangement, to see exactly what it says regarding traveling with your children. Every divorce and every situation is different; therefore you will need to see if there are any restrictions placed on traveling with your kids.
You will also have to check when you are allowed to go on holiday with your kids. Maybe you can only go on holiday with them at certain times of the year. Or perhaps your parenting agreement states that you might need to rotate holidays.
For example, if your ex had the kids last Christmas, then you might only be able to have them the following Christmas and so on. That is why it is important to read through your agreement and see what the parenting plan states exactly.
If you have planned a trip that isn’t in your allotted time schedule, then you will need to speak to your ex and see if you could perhaps swap out.
If your spouse doesn’t want to swap out, try not to lose your cool. The calmer you remain, the better it will be for your children. Perhaps you could try to change your trip to the time when you will have your kids.
It is always important to discuss any travel plans that you might have with your ex. Legally if you have joint custody, you have to do this. If you are unhappy with anything in your agreement, you can always ask your lawyer to have a look at it, to see if you can perhaps change it.
Legal advice is always a good idea if you feel strongly about taking your kids to an important event and your ex doesn’t want to budge.
Traveling overseas could be an issue.
If you would like to take your child out of the country, you will need to make sure that your ex agrees to it first. Make sure that you have your ex sign an agreement that you can take your child on holiday overseas. Take this document with you as well. You and your child will need a passport.
Both parents will have to sign documentation regarding passports and international travel. If your child is over the age of 16, though they will be able to sign for themselves.
If your child does not have a passport, you will need to apply for one. If this is the case, your ex will need to agree to it.
Other complications that could arise
If you have joint custody, then traveling with your children is a bit easier. If you only have visitation rights or partial custody, then you will need to first get consent with your ex on all traveling arrangements with your kids.
Another issue that could arise is if the parent who has sole custody sets a ban on any travel with the other parent. If this is the case, the best thing to do would be to remain calm and not start a huge fight.
Seek legal representation, perhaps your ex might grant you permission for limited travel. Maybe not overseas, but somewhere for the weekend. Often times with gentle communication, the sole parent usually allows the other parent to take the kids on holiday.
There is also the very scary thought of an ex taking your child out of the country if they have citizenship somewhere else. You might be afraid that they never bring your child back home again or limit their contact with you.
This is why it is very important that you have very strict and binding legal contracts in place. If this is a worry for you, then having a Ne Exeat Bond in place if of utmost importance. This is almost like “travel security.” This is a legal agreement that assures that the traveling parent will abide by the custody rules while they are overseas with your child.
This bond is set at what the legal fees would be for the parent resternetiding in the USA if they were to take action against the parent who is abroad with the child if they were to not abide by the custody laws. If you think this could work for you, then talk to your lawyer about a Ne Exeat Bond.
Try to keep your emotions in check.
It can be really hard to let your child go away with your ex, especially if you still harbor hurt, anger or resentment. You might worry that your children might not have a good time, might not be safe, or might even have a great time without you.
All these feelings are normal. Try to relax and remember that most spouses love their children just as much as you do. This isn’t easy, but it might be necessary for the sake of your children.
Lastly… Try not to worry
If you have the right documentation in place, then you don’t have to worry. Always try to keep things peaceable. If there is anything that you are unsure of, then speak to an attorney to make sure that you have all the right legal paperwork in place to make sure that your children are safe and that they will have an amazing time on holiday!
