Hot Issues in Summer Vacation Parenting Time
Summer vacation: a time for families to unwind, make memories, and embark on new adventures. However, for divorced or separated parents, this season can sometimes usher in a host of challenges, particularly when it comes to navigating parenting time disputes. As a family law attorney, I understand the complexities that arise during this time of year and my office provides guidance on addressing common issues, including objections to international travel or destinations with State Department or other travel advisories, conflicting vacation requests and disputes over long travel plans that interfere with parenting time schedules. Here are some common hot issues we see with respect to summer vacation parenting time:
International Travel
If a child’s parent has significant connections to or is a citizen of the foreign country in question, it is also important to address concerns with respect to the possible wrongful retention of a child in a foreign country. Travel to countries that are not signatories to the Hague Convention on the Civil Aspects of International Child Abduction or that are not treaty/agreement partners with the United States can present significant concerns with respect to the potential for an international abduction or wrongful retention. Parents whose children have been abducted from the Unites States to a country that is not a Hague signatory or that is not a treaty partner with the Unites States, may be unable to invoke the Hague Convention to pursue their child’s return or to seek access to their child in a foreign country. The aggrieved parent’s only recourse may be to utilize the judicial or criminal system in the foreign country. It is important to be aware of these legal issues when agreeing to renew or give access to a child’s passport or before agreeing to foreign travel.
Travel to Destinations with Travel Concerns or Advisories
Oftentimes divorced or separated parents can have differing ideas of what constitutes appropriate destinations for travel with a child. It is important to consider what is going on in the news in terms of destination concerns for U.S. citizens, areas of civil unrest or terrorism, areas where there is an outbreak of disease or where crime is prevalent. Review State Department travel advisories and alerts for travelers with regard potential risks. Again, it is important to understand the risks associated with destinations before agreeing to give access to a child’s passport or before agreeing to foreign travel.
Determining A Reasonable Length For Vacation Parenting Time
Determining the appropriate length of summer vacation travel can be a source of contention between co-parents. While one parent may advocate for an extended trip to maximize quality time with the children or visit extended family, the other may have concerns about the impact on their own parenting time or the children's routine. Usually, the Court considers what is fair and reasonable and, in the child’s, best interests. I encourage parents to approach these discussions with empathy and flexibility, keeping the best interests of the children at the forefront. By collaboratively developing a vacation schedule that accommodates both parents' preferences and allows for meaningful time with the children, families can minimize conflict and foster positive co-parenting relationships.
Conflicting Summer Vacation Parenting Time Requests
With limited time off from work and a limited number of long summer weekends, it’s not uncommon for parents navigating summer vacation parenting time to both seek the same week of vacation. This can leave everyone in a stalemate in terms of summer vacation planning. A common way that this is addressed in parenting time plans is to alternate who gets priority each year in terms of the summer vacation parenting time request.
While summer vacation parenting time disputes may present challenges, proactive communication, legal guidance, and a focus on the children's well-being can help families navigate these issues successfully. Contact family law attorney Georgia Fraser, Esq. of Fraser Family Law Office LLC to discuss your summer vacation parenting time issues. 609-223-2099.