Dear Attorneys,
Spring break is coming up, and I’d like to take my daughter to Florida for a few days. My ex is refusing to agree to the trip unless I give him extra parenting time and all the flight information weeks in advance. Our divorce judgment says we share legal custody but doesn’t say anything about travel. Do I really need his permission to take our child out of state?
— Ready for Some Sunshine
Dear Ready for Some Sunshine,
Spring break trips can be a wonderful opportunity to make memories with your child, but they can also bring co-parenting tensions to the surface. In Connecticut, when parents share joint legal custody, major decisions affecting a child are generally supposed to be made together. Travel itself isn’t always considered a “major decision,” but it can become one depending on the circumstances—especially if the trip involves air travel, leaving the country, or interfering with the other parent’s scheduled parenting time.
If your parenting plan or divorce judgment does not specifically address travel, that can leave room for interpretation, which often unfortunately leads to disagreements between parties. Many agreements include provisions about vacation notice, itinerary sharing, or passport consent precisely because these issues come up so often. If this has become a frequent problem for you post-divorce, you may want to consider filing a post-judgment Motion to Open and Modify based on your child’s best interest so that you and your ex do not come to an impasse when trying to decide travel plans.
A few practical considerations to take into account for this trip:
• Check the parenting schedule first. If the trip falls during your scheduled parenting time, you may have more flexibility than if it overlaps with the other parent’s time.
• Provide reasonable information. Even when not required, sharing basic travel details such as destination, contact information, and dates can help reduce conflict and reassure the other parent.
• Avoid last-minute surprises. Giving advance notice can prevent unnecessary disputes and, in some cases, court involvement.
• Know that withholding consent isn’t always reasonable. Courts generally expect co-parents to act in the child’s best interests, which includes allowing reasonable travel opportunities.
When parents cannot agree, and the timeframe is too short to bring the matter back to court, co-parenting counseling can be a good option, or even just retaining a mediator to review the limited scope issue. If for any reason your concern is brought into court and you go before a judge, the judge will likely consider factors such as the parenting schedule, the purpose and length of the trip, and whether the travel interferes with the child’s relationship with the other parent.
The takeaway? A little planning (and communication) can go a long way toward keeping spring break about sunscreen and sand instead of court filings. Wishing you smoother co-parenting—and hopefully some sunshine.
If you’re contemplating a post-judgment action to modify your underlying divorce agreement, a consultation can help you understand your options before making a decision that feels irreversible. Ever Argue with a Woman? Call Wolf & Shore Law Group at 203.745.3151 to schedule a virtual consultation today.
Very Truly Yours,
Wolf & Shore Law Group
*The situations represented in our Dear Attorneys column are entirely fictional and any resemblance to a specific case is unintentional. We cannot, and will not, offer legal advice to anyone who is not a client. However, if you do have questions or concerns, you should contact an attorney at your convenience.
