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Can your ex stop you from taking the kids out of town over the holidays?

On Behalf of | Nov 25, 2020 | Family Law |

Family vacations are usually a bit stressful — but the stress can intensify following a divorce. Maybe your ex doesn’t like your new partner and doesn’t want the kids spending time with them on vacation. Maybe your ex is just hostile to the idea that you’re taking the kids out of town (or out of state) at all. Either way, they’re telling you that you have to cancel the trip.

What right do you have to take the kids on a holiday vacation?

Your right to take your children on a trip may be limited by your custody agreement, which details both your time with the kids and your rights. Most likely, you have the right to take your children wherever you please during your parenting time. Just to be sure, you should review your agreement to see if there are any restrictions regarding travel. That’s unlikely unless there were valid worries about parental kidnapping when the agreement was finalized.

You should also review your agreements to make sure that your planned vacation doesn’t interfere with your ex’s parenting time. If it does, your ex may be justified in their objections.

What happens if your co-parent is simply being unreasonable?

There’s always a possibility that your ex may file a petition with the court to try to prevent your trip. However, they would need to provide the court with a compelling reason to act. Before things devolve to that point, however, you may want to speak to a family law attorney to see if you can find a way to negotiate a better solution.