Can I Travel Out-Of-State With My Children While My Family Law Case Is Pending?
One
of the common issues parents deal with when going through a newly filed
divorce is how to deal with pre-planned vacations and travel out-of-state
with the minor children. Whether a divorce, child custody or paternity
action, these cases usually occur at the least convenient times. When
parents make decisions to take each other to Court it is not necessarily
something that has been planned months in advance.
While
a family law case is pending my clients often want to know if they have
a right to leave Illinois with the minor children — whether for a
planned vacation or similar type of trip. My answer is almost always
that it is best to try and enter an Order regarding a trip instead of
just rather than just taking one. to ensure everyone understands the
absence is temporary. Otherwise, poor communications between the parties
could result in the non-traveling parent believing that the traveling
parent is not returning the minor children. If that happens, it could
lead to seeking an Order of Protection, allegations of parental kidnapping, and more. So, it is better to be safe than sorry when planning a vacation during family law proceedings.
Permission to Travel Out of State With Minor Children
First
and foremost, if it is a pre-planned trip, the parties should
communicate with one another to see if there is still an agreement for
one (or sometimes both) of the parties to travel out-of-state with the
minor children on the pre-planned vacation. The attorneys for the
parents can also communicate and try to draft an agreed order, which
sets forth the dates of travel, method of transportation/travel
information, an address where the minor children will be staying, an
emergency phone number, etc. That way it is completely clear to everyone
where the children will be.
Motion to Travel Out of State
Alternatively,
if there is no agreement for the party who wishes to travel to another
state with their minor children, a motion can be filed with the court
requesting the travel. At that point, it is up to the discretion of the
Judge if the trip will be allowed. However, under no circumstances
should a parent take their minor children out of state without first
discussing the travel with legal counsel. Doing so when there is a
family law matter pending can lead to unintentional consequences.
THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/child-custody/vaccinate-child-without-permission/
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