Holiday and summer vacations offer cherished memories that stay with children for the rest of their lives. Custody and visitation agreements have nuances that you’ll need to be aware of and follow to avoid potential legal repercussions with the other parent.
Handling your arrangements will depend on the type that’s in place:
- Sole
- Joint
You may also have physical or legal custody, and each can impact your ability to go on the vacation you’re planning.
Our attorneys, all local and at one of our offices in Sonoma County or Ukiah, know that you want what’s best for your child.
If you have any doubts about your agreement, it’s best to sit down with an attorney who can explain your rights. Otherwise, the information below may answer some of the questions you may have.
How Are Vacations, Holidays, and Summer Travel Treated When It Comes to Child Custody and Visitation?
Parenting time with a child may be scheduled and included within your agreement, and it can account for:
- Holidays
- Vacations
- Summer vacation
- Special occasions
If your vacation is within the scope of the agreement, you can take the vacation you plan with your child. Courts have the child’s best interest in mind, but you need to communicate with the other parent, too.
Creating a shared calendar and a plan well ahead of time will prevent conflict between parents.
Child custody and visitation allow for time with both parents. You may want to consider alternating vacation periods each year.
If a vacation leads to one parent missing parenting time with the child, adding additional visitation to account for lost time is one option.
Are There Any Specific Rules in the State of California?
If you do not have an agreement in place, both parents will have equal rights to the child under Section 3010 of the California Family Code. Court orders and agreements may state otherwise, but if they do not exist, you must obtain written consent from the other parent of a minor child:
- Prior to removing the child from the state
You also cannot take the child out of the country without consent from the other parent.
Traveling in the state should not be an issue.
If you do have a custody agreement in place, it should have information on when parents can bring the child out of the state or country. Agreements that account for vacations, holiday time and travel make it easier for parents to understand their rights.
Relationships with the opposing parent may not be good, and in this case, you may still want to seek written permission for any travel out of the state or country even if your custody agreement does not require it.
Written permission will help you avoid any disagreements or conflicts that may pop up.
Parents should be as proactive as possible for vacations when sharing custody of a child. If you work together, it will help ease the stress and pressure on the child.
What Should You Do If Your Child Custody Arrangements or Divorce Is Pending?
If your case is still pending, the situation can quickly get complicated. Coming to an agreement and creating a schedule will help make holidays or travel less stressful and more predictable for everyone, especially the children.
As a general rule, you should avoid vacationing outside of the state (and country) without written permission from the other parent. If you can, get the written permission notarized.
What if the other parent refuses to give permission? You can seek it from the court. However, you must have a compelling reason for your request, and it must be in the child’s best interest. The court will consider several factors when making its decision, including whether the trip can wait until after the case is finalized.
Holidays and travel can be tricky to manage while custody arrangements or a divorce is still pending. A lawyer can provide guidance and advise you on the best course of action to take.
What Are Your Options If You and Your Ex-Spouse or Other Parent Need to Modify Your Existing Holiday Visitation Schedule?
Parenting plans can be modified, but you and your ex-spouse or other parent should formalize the change with the court. It may be tempting to skip this step and come to an informal agreement on your own, but it is crucial to ensure the change is legally recognized by the court.
Here’s why:
- It ensures your child’s best interests are protected.
- It protects both you and your ex-spouse or other parent by ensuring the court recognizes and accepts the change to the original order.
Failing to get the modification request approved by the court can have serious consequences, and you may be found in violation of an existing court order.
If you both agree to the change, you can file the paperwork requesting the modification without attending a hearing.
If there’s a disagreement about the modification, a court hearing will likely be required. Depending on the circumstances, mediation may be necessary before the hearing to see if the dispute can be resolved outside of the courtroom.
Just keep in mind that the requesting parent must have a compelling reason for the change, and it must be in the child’s best interest. Compelling reasons may include:
- Significant changes to the parent’s work schedule
- A parent losing their job or getting a new job
- The child’s age (maybe the child’s wishes or needs have changed with age)
Vacations, holidays and travel are all fun and exciting times that help families make lasting memories. Sometimes, life can be unpredictable, and holiday visitation schedules need to change.
However, it’s important to ensure you take the right steps to modify your agreement. An experienced lawyer can guide you through the process to ensure you and your child’s best interests are protected.
Call us at 707-669-0841 or contact us online to schedule a consultation to see how we can assist with modifying your holiday visitation schedule.