Your Board-Certified Family Law Advocate

Traveling with your minor child when the other parent does not agree for you to take them

On Behalf of | Jun 3, 2023 | Firm News

When I got married in 2017, my husband and I decided to have a destination wedding in

Santorini, Greece. Our family was excited to travel the world with us. To this day, traveling with our family has been one of the greatest moments of my life. I could not imagine these

memories not including our nieces and nephews.

Destination weddings are very common today. It gives families an opportunity to visit a

new place in the world and attend such a momentous event in a family member’s life.

However, it is also common for family members to be separated from their partners and to find themselves in a situation where they want to take their minor child on the trip. What happens, however, when the other parent says they do not agree for the minor child to attend the destination wedding?

There are several remedies a parent can explore if they find themselves in this situation. First, a case must be open with family Court, either through a paternity action (parents that share a

child but were not married), Child Custody and Child Visitation Petition (parents are still

together but want the Court to assist in custody decisions), or a Dissolution of Marriage case.

Once there is an existing case, you and the other parent can agree in writing on the terms of

how and when the minor child will travel. Some of the information that is common to include in these agreements is: where the child will travel, emergency contact information, and flight

information. Once signed, the written agreement would be filed with the Court, and it would be processed into an official Court order.

If parents are not able to come to an agreement, the parent requesting for the minor child to

travel with them, can file a Request for Order (RFO) making a formal request to the judge for

the minor child to travel with them.

These remedies are important. Aside from having memories that include your child, it is also

important to advocate for your rights as a parent to experience life with your child.