A common parenting time question that our clients ask about is whether they or the other parent can leave the state during their parenting time. There may be a parenting time provision in the divorce or custody order which sets requirements for travel, such as advance notice to the other party and/or obligations to provide an itinerary. However, absent a specific parenting time order with restrictions on travel from state to state, Michigan law does not prevent a party from traveling to another state during their parenting time.
If a parent wants to travel with their child out of the country, that may create other issues. Every parenting time order is required to specify that parents are prohibited from exercising their parenting time in a country that is not a party to the Hague Convention on the Civil Aspects of International Child Abduction unless both parents provide the court with written consent to allow parenting time in a nation that is not a party to this convention.
Traveling with your children can be a wonderful experience that you don’t want to miss out on. It is a good idea to share travel plans with the other parent if you plan to travel, so that they will hopefully extend the same courtesy to you. If you’re wondering what restrictions there may be on your upcoming travel plans, give us a call. We can review your file and make sure everything is taken care of so that you can relax and enjoy your vacation. Or, if you fear that the other parent is planning or has taken a vacation outside of what is allowed by Michigan law or your specific parenting time order, contact us to help you prevent this type of action.