The school year is almost here! And with the school year come school breaks. When parents share custody, planning a vacation or even a short trip with their children can require a little more preparation than simply choosing a destination and packing a suitcase. Travel plans may need to be coordinated around the custody schedule, and parents may need to communicate about dates, transportation, accommodations, and other details before the trip. For Pennsylvania parents who share custody of their children or for parents who are about to start a child custody schedule for the first time, there are a few additional “to-dos” to keep in mind.
In most standard child custody agreements and Orders, each party is given the option to exercise two non-consecutive weeks of vacation per year. Each week is often defined as seven consecutive days. This provision allows each party to have sufficient uninterrupted custodial time to travel with the children. With that said, every custody agreement or Order may be different. Additionally, in order to avoid vacation conflicts between parents, Orders and agreements can include language to ensure that parents don’t book vacations during the same weeks. For example, there can be a provision that in even-numbered years, Parent A gets the first choice of vacation weeks in the event there is a conflict, and that Parent B has the right in odd-numbered years. Another way to address the issue is to mandate that the first parent to provide notification of their intended week(s) of vacation in a calendar year secures those dates and ensures that their co-parent cannot take a week of vacation during those dates. Regardless of the exact methodology included in an agreement or Order, these types of provisions are essential to ensure that everything runs smoothly.
It’s important for parents to ensure that the time that they are requesting and the dates for which they are making plans (especially non-refundable plans) line up exactly with the type of vacation time that is outlined in their agreement or Order and comply with any language regarding which parent is allowed the preference of weeks.
The vacationing parent should provide their co-parent with the essential details regarding their travel with the children. Agreements and Orders can define “essential details” to include the exact dates of the travel, travel itineraries (i.e. plane schedules/train schedules/bus schedules), the planned mode of transport, the address of where the children will stay on the vacation, who else will be traveling with the children, and a good phone number for the non-vacationing parent to use to connect with the children. Many agreements and Orders additionally state that this information should be disclosed thirty days prior the start of the trip or, if thirty days’ notice is not practical, as soon as the information is available.
It’s important to confirm that a co-parent has all of the above information before embarking on a trip.
Before a parent heads off to the airport or begins a cruise, they should check with their airline/cruise line to see if they need to have their co-parent sign a travel authorization form. Additionally, parents should confirm exactly what types of documents (passport, ID card, Real ID for teenagers) they need to travel to their destination and comply with any provision in their agreement or Order regarding how documents are to be exchanged with their co-parent.
Confirming these details in advance helps to ensure that travel goes smoothly and that everyone is able to enjoy their vacation.
If you are involved in a custody action and have questions about child custody agreements and vacation provisions, a conversation with one of Obermayer’s custody attorneys can be helpful in navigating the process.
The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.
Tara Burns is an attorney in Obermayer’s Family Law Department. Tara conducts legal research and drafts memoranda on her findings, aids clients and attorneys with the discovery process, prepares pleadings, motions, discovery...
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