Traveling with children can, in the absence of a parenting plan that includes travel, cause conflict between parents. The potential for conflict associated with traveling with children is especially high during vacations.
There are a number of things to keep in mind when planning trips during the holidays. The key here is to plan ahead. This should begin well in advance of the season to be on the safe side.
Delays in addressing the issue could disrupt your holiday travel plans. Once the holidays begin, emotions run high, the courts are packed, and time is not on your side. You might not see the judge to resolve the matters until well after the holidays, which is hardly ideal.
If you find yourself in a situation where holiday travel needs to be addressed, the divorce and family law attorneys at Collins & Collins in Albuquerque have significant experience in child custody and timeshare matters, including travel-related issues. We can be reached at (505) 242-5958 .
A Comprehensive Parenting Plan is the Key
[pullquote] A good parenting plan should address every possible issue that might arise regarding child custody. This includes schedules during the holiday season and travel during this time.
A parenting plan is extremely important in cases involving shared custody and time-sharing. It is crucial to have a comprehensive parenting plan in place. This means putting everything in writing and submitting it to the court.
If it’s not in writing, you can bet that disputes will arise. In fact, even when it’s in writing, conflicts can still occur. These might stem from good-faith disagreements or differences in interpretation. Or they could arise from less innocent motives. Either way, if the parenting plan is thorough and well-written, then it should be quite easy for the court to reach a determination.
Seasonal Travel is Frequently Neglected in the Parenting Plan
Parenting plans often fall short on details. One area that is frequently overlooked is shared time during the holiday season and the accompanying seasonal trips.
Unfortunately, parenting plans are often superficial. Holiday time sharing is frequently overlooked. Even when time sharing is specified, seasonal travel is often not. As such, when one or both parties are inclined to take advantage of this, the omission can lead to significant conflict.
This lack of specificity in the parenting plan regarding seasonal travel can derail the seasonal plans of one or both parents. This can occur with in-state, out-of-state, or international travel.
Long-distance trips with extended stays can lead to objections from the other parent in the absence of specific provisions. Trips within the state generally don’t present as much of a problem for most parents. However, crossing the border, even just a short distance, can ignite tensions during the holidays.
The same applies to international travel. Unlike travel within and out of state, international travel is essentially impossible without a court order. This means that it must be clearly specified in the parenting plan or some other order that it is an international trip and include the travel dates.
This is not hyperbole. Airport personnel, unless grossly negligent in their duties, will not allow a child to board an international flight without court authorization.
Start Early and Get an Order
[pullquote] Getting a hearing during the holidays isn’t easy. Start early or risk not seeing a judge until well after the holidays.
If you don’t have a parenting plan or other custody order specifying holiday travel, you should get one well in advance. This means months before your trip. Time flies during this time of year.
If you have an agreement in place, whether verbal or written, and the other party is threatening to interfere, then you must go to court immediately. The problem is that family court is overwhelmed during the holidays due to the many child custody disputes that arise.
Securing a court hearing may not be easy or even possible, depending on the court, the judge, and the issues involved. Starting early is key to avoiding travel disruptions during holidays or vacation periods.