Can I Travel With My Child if I Get Divorced?

Under Florida law, traveling with your child post-divorce is subject to specific legal considerations, particularly if the travel involves relocation or international travel. Before traveling with your child after getting a divorce, you should consider these key legal principles:

• Relocation Requirements: If you intend to relocate with your child more than 50 miles from your current residence for at least 60 consecutive days, you must comply with the requirements of Fla. Stat. § 61.13001.  This Florida statute mandates that you either obtain the written consent of the other parent and any other person entitled to time-sharing or file a petition to relocate with the court. The petition must include detailed information about the proposed relocation, and the court will evaluate whether the relocation is in the best interests of the child by considering factors such as the child’s relationship with both parents, the reasons for the relocation, and the impact on the child’s stability.
• Travel Restrictions: Courts may impose restrictions on travel to ensure that the movement of the child does not interfere with the other parent’s visitation rights. For example, a court may require prior written consent from the other parent or a court order before allowing travel outside a designated geographic area. Such restrictions are typically based on evidence that travel could disrupt the parenting plan or time-sharing schedule.
• Parenting Plan Provisions: The parenting plan established during the divorce proceedings will often address travel-related issues. For instance, it may specify whether either parent can travel with the child without the other parent’s consent or whether notice must be provided. Any substantial changes to the parenting plan, including those related to travel, must be sought through a supplemental petition for modification.
• International Travel: If international travel is contemplated, additional considerations may apply. Courts may require specific safeguards, such as providing travel itineraries, registering orders in other jurisdictions, or obtaining consent from the other parent. In some cases, courts may allow one parent to travel internationally with the child without the other parent’s consent, as long as it does not violate the parenting plan or court orders.
• Contempt for Non-Compliance: Failure to comply with court orders or statutory requirements regarding travel or relocation can result in contempt proceedings. For example, relocating a child without proper authorization may lead to penalties, including the return of the child, modification of the parenting plan, or payment of attorney’s fees by the violating parent.
• Temporary Travel: Temporary travel, such as vacations, is generally permitted unless explicitly restricted by the parenting plan or court order. However, courts have held that restrictions on temporary travel should not be overly broad unless there is evidence that such travel would interfere with the other parent’s visitation rights.

In summary, while you may be able to travel with your child after a divorce, you must adhere to the terms of your parenting plan, comply with statutory requirements, and ensure that the travel does not interfere with the other parent’s rights.

If you are uncertain about your specific situation or are considering filing for divorce, you should consult an experienced family law attorney to avoid potential legal complications. Without proper legal guidance, you may unknowingly agree to unfavorable terms that could impact your future or find yourself in violation of Florida law.