When parents separate after a divorce, they will need to have a parenting plan in place that documents the details and terms of how their child will be supported and cared for. Parenting plans in Washington state are mandatory, and these formal legal documents outline key decisions like which parent will have physical custody of the child for the majority of the time, how much time the children will spend with each parent, how major decisions about the child’s health and education will be made, and how the parents will resolve any disagreements that arise, among other considerations. Another topic that should be addressed in the parenting plan is how travel with the child will be handled. Planning for parental disagreements about travel is an important part of a comprehensive parenting plan, as this document will serve as a valuable guide in the event that one parent objects to the other parent taking the child on a vacation or trip to another state or country. The more details you can include in your parenting plan about such matters, the more support you will have when a disagreement arises.
Washington courts give parents the freedom to negotiate parenting plan terms that support the best interests of their children. As you address topics like how to handle child travel disputes after divorce and how much notice should be given before the parent takes the child on vacation or on a trip, it’s helpful to enlist the guidance of a highly qualified and experienced Seattle family law attorney who can help you navigate these difficult conversations with greater ease and confidence. Let’s take a closer look at the importance of addressing out-of-state travel in parenting plans and how partnering with a trusted and caring Seattle child custody lawyer is the best way to prevent and resolve these contentious disputes.
Understanding Travel Restrictions in King County Custody Cases
The Washington family court system follows what’s known as the “best interests of the child” principle when approaching a child custody case. Under RCW 26.09.002, “In any proceeding between parents under this chapter, the best interests of the child shall be the standard by which the court determines and allocates the parties’ parental responsibilities.” This policy guides the process of establishing a parenting plan that best supports and encourages the child to grow and thrive. Generally speaking, the court will seek to approve a parenting plan that allows the child to enjoy quality time with both parents (unless there are serious concerns about a parent’s ability to keep the child safe). While the child will likely spend a bit more time living with one parent in order to minimize disruptions to their educational routine and social relationships, most parenting plans give the child several opportunities to spend time with the other parent in order to foster a meaningful and lasting bond between the child and each parent. The court recognizes that taking the child on vacation or going on a trip is a great way for the child to explore other locations and make memories. To that end, the parenting plan template in Washington provides sections where the parents need to distinguish with whom the child will spend summer breaks and holidays. When you have custody of your child during a break or designated holiday, you can schedule a trip. However, it’s essential that you communicate your travel plans to the other parent before you take them out of state. As long as the parenting plan acknowledges that you have custody of the child during the time you are planning to take a trip and you notify the other parent in advance, you and your child can move forward with your travel plans.
Do I Need to Get the Other Parent’s Consent For International Trips?
International travel requires a passport. Both parents must give their consent for their child to obtain a passport. If the other parent does not agree that your child should have a passport, you will need to explore your options for working through this disagreement. In the meantime, traveling internationally with your child will not be possible. Even if your child has a passport and you plan to take them abroad during your scheduled parenting time, you should share these plans with your ex so that they can respond and give their consent to the trip. For many parents, the idea of their child being so far away from them for an extended period of time can be intimidating and even scary, so it’s worth acknowledging their concerns and working through any disagreements well before the trip is scheduled. Once the other parent consents to the idea of you taking the child on a trip abroad, it’s a good idea to get their written consent. While your parenting plan may not require you to obtain written consent for overseas travel, doing so is a strategic way to minimize potential issues or complications during your travel.
Handling Travel During School Breaks or Holidays in Washington State
When you create your parenting plan, you will establish with whom the child will spend school breaks and holidays. For instance, your plan may specify that your child will spend the Thanksgiving holiday with you and the Christmas holiday with the other parent. If you plan on traveling with your child during your scheduled parenting time, you can share these plans with your ex to let them know where their child will be and how to reach them. Many parental disagreements about travel arise when a parent books a vacation with the child without notifying the other parent, especially if the dates of travel infringe on the other parent’s parenting time. If you are struggling with a dispute about traveling with your child or you are having trouble getting the other parent to consent to your proposed vacation plan, you can raise your concerns with a dedicated and caring Seattle family law attorney to determine the most strategic path forward.
Emergency Motions to Prevent Abduction or Unauthorized Travel
In some cases, a parent may have valid concerns about their ex taking their child abroad without obtaining consent. Once the child has a passport, either parent can travel with the child internationally. So, how can you stop the other parent from taking your child abroad without your permission? You can file a request in family court to obtain a temporary order that prevents relocation with the child. You will then be allowed to request an urgent hearing so that the court can review your concerns about the other parent relocating or absconding with your child. To learn more about family court and travel permissions in Washington state, consider enlisting the services of a knowledgeable and empathetic Seattle child custody attorney who can help you protect the safety and best interests of your child.
Documenting Agreements and Disputes About Travel
When you negotiate the terms of the parenting plan, it’s essential that you clearly state under what circumstances one parent is allowed to travel with the child. Taking the time to include as many details as possible is the best way to minimize contentious disputes later on. For example, you can specify how much advance notice one parent needs to give the other parent about their travel plans with the child. You can also create parameters about how the child can communicate with the other parent while they are travelling. Even if the other parent agrees to your travel plans with your child, it’s always a good idea to obtain their written permission so that you can navigate any questions from TSA agents or other authorities during your travels. Should a dispute arise between you and your ex about a potential trip with the child, you can use the parenting plan as a guide to help you work through this matter as productively as possible. For many parents, this means seeking the counsel and support of a skilled and caring Seattle family law attorney who can advocate for the child’s best interests and seek the fairest and workable solution.
Updating Washington Parenting Plans to Clarify Travel Rules
If you have not reviewed your parenting plan in some time, it’s important to look it over with your ex and decide whether any clarifications or modifications are necessary. For instance, you may find that there are few details about vacationing and traveling with your child. If this is the case, you can seek a parenting plan modification to add further details in an effort to minimize disputes and confusion later on. Enlisting the guidance of a trusted legal advocate can provide you with the support you need to navigate this process with greater understanding and confidence.
Get Started With a Top Seattle Family Law Firm Today
Disagreements that affect your family can cause significant stress and confusion, especially after you have already moved through the divorce process. At the Hemmat Law Group, we believe in treating every client we serve with the care, attention, and empathy they need during this challenging time. If you are struggling with a child custody or parenting plan issue in northwest Washington state, please contact our Seattle office today by calling (206) 682-5200 to get started with a highly qualified and compassionate family law attorney.