Can I Take My Kids on Vacation While My Divorce Is Pending?

If you or your spouse already filed for divorce, you may wonder how to navigate domestic and international travel while the divorce is pending. There are several legal matters during a divorce proceeding that must be addressed when you and your spouse have a child together, such as arrangements for parenting time and child support awards.

Traveling with your child during a divorce proceeding is not prohibited. However, you would need to get permission or a temporary order to go on vacation if no final judgment is entered. If you do not have permission or an order allowing you to travel, it could raise the issue of child abduction. Child abduction is a Class 4 felony, which could result in one to three years in prison, a fine of up to $25,000, or a negative impact on your parental rights. Pursuant to 720 ILCS 5/10-5, child abduction includes when:

• You intentionally conceal or remove a child from their parent after filing a petition or being served with process in an action affecting marriage or paternity but before any temporary or final order is issued for custody; or
• As a parent, you knowingly conceal a child for fifteen days and fail to make any reasonable attempts within that time to notify the other parent about where the child is.

There are affirmative defenses to child abduction, which include when:

• You had custody of the child pursuant to a court order that granted legal custody or visitation rights during that time; or
• You had physical custody of the child pursuant to a court order that granted legal custody or visitation rights, but you failed to return the child because of circumstances that were not in your control, and you notified the other parent about the child’s whereabouts.

When there is no agreement, you have the option to file a motion to travel with your child. Your motion would need to be timely filed and served. Then, the motion would be presented before a judge, giving the other parent the opportunity to respond. If your motion gets set for hearing, the judge will either grant or deny the motion based on the evidence and best interest of the child.

A court may also enter a temporary order reflecting a parenting plan that involves the specific requirements and expectations of traveling with the child. This can include provisions related to notice, timeline for exchanging the child’s passport, and travel itineraries. Pursuant to Section 603.5 of the Illinois Marriage and Dissolution of Marriage Act, a temporary order for allocation of parental responsibilities is entered after a hearing, unless there are no objections and it is in the best interest of the child. Allocations of parental responsibilities include decisions related to health, religion, education, and parenting time. Although the orders are temporary, parents must follow them.

At O. Long Law, LLC, we are here to provide guidance and legal advice in all aspects of your family law matter. This includes what you can and should not do regarding traveling with your child during a pending divorce. Our attorneys can help you navigate your divorce in a way that best suits the needs of you and your child. Contact us today to schedule your consultation to discuss potential options during this stressful time.