Can you take the kids abroad for a vacation after your divorce?

Photo of attorney Melinda L. Singer

The end of your marriage will be disruptive for you and your children, and many of your long-term plans will need to change. Life after divorce eventually settles back into a routine and gives you a sense of normalcy.

Once you have adjusted to sharing custody with your ex and maintaining a separate household, you may start planning to do something special with the kids. Whether you want to go somewhere warm to celebrate spring break with your middle schoolers or you have family in Europe that you would like to visit over the summer, your plan might involve international travel.

Can you take your children out of the country when you share custody with another parent in New Jersey?

Your parenting plan likely has travel provisions already

Most standard parenting plans do include restrictions on travel, and those may include international travel. Usually, parents have limits on far they can travel or how long they can keep the children for a trip without specific permission.

In cases where one parent has connections abroad, there may be concerns about parental abduction that will impact travel requests. Even without such ties, you may need permission from your ex or the New Jersey family courts to travel with your children internationally after a divorce.

If the children are enthusiastic about the trip, your ex may agree to it. If they do not, you can potentially convince the New Jersey family courts to modify your existing custody arrangements so that you can travel in this particular instance.

Looking over your existing custody plan can help you determine the next steps to take to plan your international trip with your children.

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