My spouse went on vacation with the kids. I found out they left the state without telling me! Can I force my spouse to get my permission before taking the kids out of state?
Generally speaking, if a parent is entitled to have visitation with his or her children, they are entitled to make short term decisions on behalf of their children without needing the prior consent or approval from the other parent. Our laws generally permit and entitle the “custodial parent,” or the parent with whom the children are currently spending time, to make those short term decisions on behalf of their children. Therefore, a parent’s decision to take the children out of the state for vacation during his or her visitation period may be permitted. A parent’s ability to leave the state with the children without the consent of the other parent may be limited, however, if there is a formal court order in place that says otherwise. For example, under certain circumstances, a court order may prohibit a parent from leaving the state with his or her children without giving prior notice to the other parent, or may require the other parent’s consent. Whether a court order would have such a prohibiting term would depend highly upon the facts and circumstances surrounding the parents, and whether such a term would be in the children’s best interest. Schedule an appointment with one of our family law attorneys to discuss whether or not such restriction(s) are appropriate in your case.
Andrew C. Rheingrover
Attorney at Law