Divorce

Traveling From Arizona With Children After Divorce

With spring break here and summer vacation just around the corner, you may have upcoming plans to make memories with your children through travel. But as most people know, traveling with children can be stressful. This becomes only more true if you co-parent and have a court-ordered custody plan in place. Whether or not you and your children’s other parent were previously married, travel can present special issues that may require guidance from a family law attorney. Read on for more information about travel and child custody as they pertain to cases arising out of Arizona. For your free consultation with an experienced divorce lawyer of our firm, call 480-680-9126.

Determining Your Custody Status

Your ability to travel with your children may be limited by the scope of your custody. A family law judge can issue temporary custody orders while a legal matter is being resolved, and permanent custody orders to represent the new status quo going forward. In Arizona, family law judges favor 50/50 custody plans, where the parents have equal physical and legal custody rights. But they can also deviate from that presumption for any reason in the children’s best interests. If the judge does give the parents equal (or close to equal) custody rights, most refer to that as “joint custody,” while when the children are primarily one parent’s responsibility, it is referred to as “sole custody.” If your ex is the sole custodian of your shared children, you may need special permission before travelling with them.

Reviewing Your Custody Orders

If you already have custody orders in place, they likely have terms outlining what either parent should do if they wish to travel with their children. For example, your custody orders may list a radius of how far you can travel with the children without notifying anyone, such as 50 miles. They could specify that you need to notify or obtain approval from the other parent before taking the children out of the state or out of the country. If you fail to follow the rules set forth in your custody orders, you could face serious consequences. You should also have your custody orders with you when you travel with children internationally, as some countries will need to see them to allow entry. Check the rules for your specific destination, because some may require permission from the other parent, even if your custody orders do not require it for you to travel.

Consequences of Violating Custody Orders

Bringing your children on a vacation could be a violation of valid child custody orders. If this is brought to the judge’s attention, they can choose to address it in a variety of ways, including:

Contempt of Court: Family law judges can find a parent in contempt of court for willful violations of child custody orders. A parent can be fined if they are held in contempt of court, as well as be ordered to pay the other parent’s attorney’s fees. A parent can also be sentenced to jail time- either until they follow orders or a set period of incarceration- for serious or repeated contempt of court offenses.
Custodial Interference: Serious infractions of child custody orders can result in a parent being charged with custodial interference. This is another term for parental kidnapping. Custodial interference is a serious crime that can be charged at several levels in Arizona. It is a class 1 misdemeanor if the child is returned by the parent within 48 hours, a class 6 felony otherwise, and a class 4 felony if the child is taken out of state.
Losing Custody: Violating custody orders to take a child out of state or abroad is a factor that can be used against you in immediate and future custody determinations. Even if it was for a fun and safe family vacation, a parent who is willing to violate custody orders in one way is likely willing to violate them in other ways. The non-violating parent may request a custody modification for taking the children on vacation without permission, and the judge may be willing to waive the waiting period for a modification under these circumstances. You could also be held responsible for the other parent’s legal fees surrounding the modification.

Providing Proper Notice of Your Travel with Children

Your custody orders may only require that you notify the other parent of your travel plans, rather than obtain permission to go on your trip. Whenever possible, notice should be given with a reasonable amount of time. Your custody orders may specify what a reasonable amount of time is, such as 30 days. Provide an explanation if you aren’t able to give notice during the set time period, e.g., traveling for a funeral for an unexpected death in the family. There may be specific items on your agenda that you should inform your ex about based on your unique circumstances, but some of the basics to provide notice of a vacation per custody orders include:

Date of departure
Date of return
Flight numbers and ETAs
Driving routes
Cell phone numbers to reach the child during the trip
The addresses of any hotels or homes at which the children will be staying

Requesting Permission for Travel with Your Children

It becomes slightly more complicated if your custody orders require that you obtain permission instead of just providing notice. If you do need permission, request it in writing so you have documentation showing the other parent’s consent. You should include all of the information you would provide if it were just a notice, as listed above. Be as amicable as you can, and frame the issue around the children’s well-being. If your ex denies consent for the trip, you will need to request permission from the judge. Explain in your motion your travel plans and why they are in the children’s best interests, and why it would be unreasonable to now allow them to go on the trip. If you don’t already have an attorney, this may be the time to hire one and establish a more beneficial custody situation for your family. Your attorney can articulate your arguments framed around the most legally relevant factors.

Seeking Family Law Representation for Your Child Custody Case in Arizona? Contact Our Firm for Your Free Consultation Today.

Your children deserve to see loved ones and have their minds expanded by travel if you wish to provide them with that opportunity. But sometimes, custody orders can get in the way of travel and other things you’d like to do with your kids. If your ex interferes with your vacation plans with your children, it could set the tone for the rest of your co-parenting relationship. When you hire a skilled family law attorney, they take care of your legal battles so you can focus on the more pleasant aspects of parenthood. If you need to request permission from the judge to travel, modify your orders, or whatever your child custody needs may be, our firm is here to help. Our quality legal services from Arizona Family Lawyers come at competitive rates with convenient appointments that can be held by phone. Get started today with your free consultation by calling 480-680-9126.