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What Should I Do If My Ex Wants To Take The Kids Out Of The Country For Vacation?

Posted by Cameron Goulding | Sep 30, 2024 | 0 Comments

Photo by Ulrike R. Donohue on Unsplash

Divorce is always difficult, particularly if you have children.  In addition, if you have children, then the divorce or separation is not really the end of the potential issues with your ex-spouse.  Child custody, parenting time and child support are always modifiable until the child turns eighteen or graduates from high school, whichever occurs first.  In addition, outside of major issues like custody or parenting time, there can be other areas of disagreement that arise regarding the children that may require court involvement.  One such issue is when one parent wants to take the children out of the country for a "vacation" and other parent does not want this to happen.  This blog is written to broadly address that issue, if you have specific questions regarding your situation, please do not hesitate to contact us to schedule a consultation by clicking on this link or calling (248) 608-4123.

Can I Stop My Ex From Taking The Kids Out Of The Country?

The answer is it depends.  First, you should check whether the proposed visit will occur in a country that is a member to the Hague Convention or has otherwise adopted the Hague Convention  If it is not, then you should advise the other parent they cannot take the children and if required, file a motion with the court to have the other parent surrender the children's passports. It is not legally permissible under Michigan law for one parent to exercise parenting time in a country that is not a member or signatory to it without the express written agreement of the other parent.  

If the country is a member to the Hague Convention, then you should examine what your judgment of divorce, settlement agreement or separation agreement states with regards to out-of-county or out-of-state travel.  If there are no prohibitions in your judgment or agreement, then you have to have a very good reason to be able to stop the other parent from taking the children to the other state or country for a vacation during the other parent's parenting time.  One such reason might be if the other parent is going to visit relatives and one of the relatives has a history of child or sex abuse convictions.  In that case, you could file a motion and demand that the court issue an order that the other parent not take the children with them on this vacation and that the other parent shall not allow this person or relative to ever have any contact with your children.  Another potential is a fear of the risk-of-flight, leaving this country may make it easier for the other parent to then take the children to a country that is not a member of the convention or that the proposed vacation is simply too risky for the children.

Absent some good reason, you probably cannot stop them from taking the children on the vacation.  However it is completely reasonable to demand a full itinerary for the trip, including all flight, lodging, contact and other activity information for all the flights, locations and activities in which they will be involved.  It is also reasonable to ask which relatives, friends, etc. will be around the children during the trip.  If you have questions about your own particular situation, please contact us to schedule a consultation by clicking on this link or calling (248) 608-4123.

About the Author

Cameron Goulding

A native of Oakland County, Michigan, family lawyer Cameron C. Goulding has been providing counseling and legal services of the highest caliber to individuals and families in Southeastern Michigan for over 24 years. Mr. Goulding grew up in Oakland County, Michigan and graduated from Birmingham G...

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