If I Have a Temporary Court Hearing for Joint Custody and I Have Planned a Vacation Before the Order Is in Place. Can I Still Take My Child Out of State as the Custodial Parent?

This is a complicated question.

If there is no statute or court order in place that bars you from taking your child out of state with you for a vacation, and no law that provides that you must obtain the permission of the other parent to travel out of state or out of town with the child, nothing legally prevents you from going on that vacation with the child.

But that doesn’t necessarily mean it’s a good idea to take the child with you on vacation against the wishes of the other parent.

Even if there is no statute or court order that prevents you from taking the vacation with the child against the wishes of the other parent, the court may (or may not) take a dim view of you taking such unilateral action. It may cause you to appear self-absorbed and immature, and/or a law unto oneself.

And put yourself in that parent’s shoes. Think of how you would feel. Now, of course, if the other parent opposes the vacation out of malice, that’s a different matter altogether. But if the parent is genuinely and reasonably worried that you’re going to try to abscond with the child and disappear, you may want to postpone that vacation until you either have the consent of the other parent or permission of the court to do so.


Utah Family Law, LC | | 801-466-9277

Tags: ,
Click to listen highlighted text!