At Irwin & Irwin, we understand how emotional and complicated the holidays can be for separated or divorced parents. Travel plans, especially those involving out-of-town or out-of-state trips, often become a point of conflict when they intersect with existing custody or visitation orders. If one parent wants to travel with the children during the holiday season, several legal issues need to be considered.
Review the Custody Order First
The first step is to carefully review your current custody and visitation order. In California, most custody orders include a holiday schedule that outlines which parent has the children on specific holidays and how travel should be handled.
If the order includes a clear holiday schedule and one parent has custody during the requested travel dates, they may be allowed to take the child on a trip, unless the order places restrictions on travel, such as:
- Prohibiting out-of-state travel without written consent from the other parent or a court order
- Requiring advance notice before any travel
- Limiting the distance a parent can travel with the child
If your order is silent on holiday travel, or if one parent wants to travel during a time that the other parent is scheduled to have custody, it may require written agreement or court intervention.
Notice Requirements and Communication
California courts favor parents who communicate clearly and attempt to cooperate. If you want to travel with your child during the holidays, provide the other parent with as much advance notice as possible. Include important details such as:
- Exact travel dates and times
- Locations and addresses
- Contact information
- Travel itinerary (especially for air travel or long distances)
In many cases, reasonable advance notice and a willingness to make up lost parenting time can help avoid unnecessary disputes.
When the Other Parent Does Not Agree
If the other parent refuses to give permission for the trip and the travel would violate the custody order, you cannot legally proceed without modifying the order or obtaining a court’s permission. Attempting to travel without permission can be viewed as a violation of the court order, which may result in legal consequences.
If time allows, you can file a Request for Order (RFO) asking the court to allow the travel. The court will consider what is in the best interest of the child, including:
- Whether the travel interferes with the other parent’s scheduled time
- Whether the trip is safe and appropriate for the child
- The reason for the travel (family gathering, cultural event, etc.)
- The history of cooperation or conflict between the parents
If the request is urgent and time-sensitive, emergency relief may be available, but only in limited situations where there is a genuine risk to the child’s safety or wellbeing.
International Travel
International travel brings additional challenges. If one parent wants to take the child outside of the country, the other parent usually must give written consent. Both parents typically need to sign for a U.S. passport for a minor child. If a parent refuses to sign or cooperate, the other parent may need to seek a court order authorizing the trip or allowing the passport to be issued.
What to Do If You Are Concerned About the Other Parent Traveling
If you are worried that the other parent may travel without your permission or not return the child as agreed, speak with a family law attorney immediately. Depending on the circumstances, you may be able to request travel restrictions, supervised visitation, or other protective measures.
Plan Ahead to Avoid Conflict
Holiday travel is a common point of disagreement, but it does not always need to escalate. Planning ahead, staying informed about your custody order, and seeking legal advice when necessary can help prevent last-minute disputes.
At Irwin & Irwin, we help parents handle custody and travel issues with practical solutions. If you are facing a disagreement about holiday travel or need help modifying your custody order, we are here to guide you through the process. Contact us to schedule a consultation and protect your time with your children.