Traveling with Minor Children During a Divorce/Parentage Action

With the world opening back up and traveling becoming more popular than ever, many parents are looking into planning vacations with their children. While this can be a new and exciting time for your children and even for the family as a whole, traveling while in the midst of a pending divorce or parentage case can prove to be not only difficult but incredibly stressful and confusing.

Can I/my spouse/my child’s other parent take my child(ren) on vacation? There is no simple answer to that question. Currently, there is no law or statute preventing a parent from going on a vacation with the child(ren) during either a divorce or parentage case. However, in order to travel outside of Illinois, an agreement is required from both parents. Meaning, one parent cannot take the child(ren) outside of Illinois without informing the other parent and getting their prior approval.

If both parents agree, what do I need to do?  Whether you are the parent traveling with the child(ren) or the parent staying behind, it is important (even in amicable cases) that an order is in place with the Court outlining the specific parameters of travel. This will safeguard not only your children but allows both parents to be on the same page as to pertinent items such as: where the child(ren) will be staying, a contact number in the event of emergencies, and when the children will be returned to Illinois.

What if I do not agree to my spouse/other parent traveling?  If your spouse/the other parent is seeking to take your child(ren) on vacation out of Illinois without your agreement, it is important that you seek legal counsel to ensure the child(ren) are not removed from the state without your permission and/or knowledge.

Whether you are thinking about traveling with your child(ren), or you are looking to stop your spouse/other parent from leaving the state with your child(ren) for travel, Ward Family Law, LLC can guide you through the process and discuss your options to ensure you and the best interest of your child(ren) are covered.