Traveling with Children After a Divorce: Things to Consider Before Taking a Trip With the Kids

Traveling and taking vacations with your kids is so much fun. You all get to do something special and the kids love it. A reality post-divorce is though; you need to think about more than just what you want the plans to be. You must consider your parenting plan, any restrictions, and notifying the other parent about what you’re intending to do. You might have special considerations, notice requirements, or restrictions on traveling you need to pay attention to.

At RPM Law, our Maryland family law attorneys help you with post-decree issues, from vacation and traveling disputes and beyond.  

Understanding Your Custody Order Before Making Travel Plans

You need to know what your custody order says, and how it might impact your travel plans. Before traveling with the kids, review:

• Who has legal custody of the children, or whether it is shared
• Who has physical custody or visitation of the children when you want to travel
• Whether the decree has special clauses for vacations and holidays
• If there are any travel restrictions
• Whether there are any notification requirements to the other parent

If your order is unclear, it’s safer to discuss plans with the other parent early to avoid misunderstandings.

When You Need the Other Parent’s Permission

In many post-divorce parenting arrangements, you must obtain the other parent’s consent for certain types of travel. Common requirements include:

• Out-of-state travel
• International travel
• Trips that interfere with the other parent’s scheduled time
• Travel during school days
• Travel to locations considered unsafe

Even if your order doesn’t explicitly require permission, providing notice is often expected and helps maintain a cooperative co-parenting relationship.

Providing Proper Notice and Itinerary Details

Courts generally expect parents to communicate openly about travel plans. When notifying the other parent, include:

• Destination and dates
• Flight numbers and travel times
• Hotel or lodging information
• Emergency contact numbers
• Names of other adults traveling with you
• Planned activities, if relevant

Sharing this information builds trust and reduces the likelihood of disputes. It also demonstrates good-faith cooperation if disagreements escalate to court.

Traveling Internationally With Children After a Divorce

International travel is more complicated anyway, but more so if you have children after a divorce.

U.S. law requires:

• Both parents’ consent for a child’s passport, unless one parent has sole legal authority.
• Written permission for international travel, especially when required by your custody order.

Some countries have their own requirements for when you travel with children. You may need a notarized consent letter at the border, or documentation stating you have permission to travel with the children.

What Happens When a Parent Refuses Travel Permission?

Disagreements about travel and vacations are common. This is more true if you have other trouble communicating or getting along as co-parents. If the other parent refuses permission, you can:

• Review your custody order
• Discuss the issue or mediate it to settle the dispute on your own
• Have your attorneys reach a compromise 
• File a request with the court for permission for the vacation

Protecting Parenting Time While Traveling

Your travel plans shouldn’t disrupt the other parent’s rights, at least without a civil discussion about it and a reasonable compromise.

To avoid conflict:

• Offer make-up parenting time if your plans impact the other parent’s time
• Share photos or updates during the trip 
• Return the child on time 
• Avoid scheduling travel during important events for the other parent
• Get permission before making definitive plans or buying tickets
• Listen to the other parent’s concerns about the trip with an open mind
• Be willing to compromise

Demonstrating respect for the parenting plan helps maintain stability for your children and reduces the risk of future disputes.

Consult an Experienced Family Law Attorney in Maryland for Help with Post-Decree Parenting Issues

Vacations are fun, but you need to ensure they comply with your legal requirements. Co-parenting means communication and adherence to the boundaries set forth in your divorce decree. We can help.

Our team at RPM Law are ready to help with your family law needs. Contact us today for a consultation.