Can I take my children out of state on vacation if I recently filed for divorce? 19 Answers as of May 06, 2011

Can I take my children out of state on vacation if I've just filed for divorce? He previously said it was okay but things are different now since I filed. Do I need to have something notarized from my husband saying that it's okay or am I good to go?

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Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
I think you are good. In Mobile, we have a standing "status quo" order that means you are to maintain the status quo or keep things the same as before the filing of divorce. However, if you are not ordered to remain, and you are simply going on vacation and not trying to avoid the jurisdiction of the court, then you are good to go. Stay well.
Answer Applies to: Alabama
Replied: 5/6/2011
Harris Law Firm
Harris Law Firm | Jennifer C. Robins
Unless there is a court order prohibiting an out-of-state vacation, you should be able to go.
Answer Applies to: Oregon
Replied: 5/6/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Do you have temporary orders? Are there any Standing Orders? If you answered yes to either of these, the answer is in the orders. Otherwise, consult with a local lawyer to see how the Judge handles these things. Bottom line, the Court should not prevent "vacation" but if your intent is to go out of state and not come back, that is an entirely different matter.
Answer Applies to: Texas
Replied: 5/5/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
There is an automatic injunction that prohibits taking the children out of state while the divorce is pending unless your husband agrees or the Court grants you permission. Unless there is a reasonable basis to fear that you would not return with the children, a judge will probably grant permission.
Answer Applies to: Colorado
Replied: 5/4/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
You need nothing to take the children out of state, out of country is a different situation.
Answer Applies to: California
Replied: 5/4/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    If there is not a court order stated that you cannot remove the children out of state for vacation then you may do so without ramification. I do, however, encourage you to hire an attorney to represent you and protect you and your children's rights during this most difficult time in your life. I will be happy to sit down with you to discuss options available to you concerning your divorce and the custody of your children.
    Answer Applies to: Illinois
    Replied: 5/4/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    This depends on if there are temporary orders in place that prevent you from doing so. Further, it also matters if it is a vacation or if you are moving to another state. We can help you with your divorce needs. We offer free consultations. Give us a call today.
    Answer Applies to: Utah
    Replied: 5/4/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    You need to get his permission in writing. Did you ask your lawyer to answer this question? If your lawyer did not answer it, fire the lawyer and get someone who knows what they are doing. If you do not have a lawyer, get one now. You need help.
    Answer Applies to: New Jersey
    Replied: 5/4/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You are not permitted to permanently remove the children from the state. A vacation is not permanent removal. If you have custody & visitation orders in place you have to be careful not to interfere with those, but they should include vacation issues. If you wish to discuss further you can contact the firm.
    Answer Applies to: Connecticut
    Replied: 5/3/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Read the Standard Family Law Restraining Orders relating to out-of-state travel with children on page 2 of the Summons (Form FL-110). If you are concerned that your spouse will claim you took the kids out of state in violation of such restraining order because you didn't have permission, then it would be a good idea to get any agreement in writing.

    As for your question about notarization, any agreement doesn't need to be notarized. Notarization is only to prove that the person's signature is in fact such person who signed the document (when such person alleges that the signature is not theirs).

    FYI: If your spouse signs an agreement and then falsely claims to a judge that he didn't sign it, such argument will get him in hot water with the judge and the judge will disbelieve him on all subsequent issues. In short, falsely alleging to a judge that one's signature is not authentic is typically a losing argument and thus a very bad idea, and in practice, rarely happens.
    Answer Applies to: California
    Replied: 5/3/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    Technically, you need it in writing. You can always file an Ex Parte. Maybe threatening to do so will cause him to agree to sign a consent, since you will ask for fees since the Court date was unnecessary, since his consent would have been unreasonably withheld. Unless, of course, he can show the Court that you might have left the state with the children and not come back!
    Answer Applies to: California
    Replied: 5/3/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Because of the Standard (Automatic) Restraining Orders on the reverse side of the Summons, applicable to you and your spouse, you should seek your spouse's written (no notarization necessary) consent for you to take your children on the out-of-state vacation. If your spouse refuses, you should file an OSC, or if there isn't enough time before the vacation for the filing, service and hearing of the OSC, an Ex Parte Application requesting permission to take the children on the out-of-state vacation and in the alternative, an Order Shortening Time for the setting, service and hearing of an OSC for such relief.
    Answer Applies to: California
    Replied: 5/3/2011
    Edwin Fahlen Attorney at Law
    Edwin Fahlen Attorney at Law | Edwin Fahlen
    Since you signed the Petition For Dissolution of Marriage you have placed the Automatic Temporary Restraining Orders upon yourself preventing you from taking the child(ren) out of the State of California without the written consent of the other parent. If you take the child(ren) out of the State, you will be in contempt of court. However, permission can be obtained from the court, if you have competent legal representation, which I can provide for you. The lead time is usually a minimum of 60 days, however that MAY be shortened, and will increase the fees involved.
    Answer Applies to: California
    Replied: 5/3/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    Generally speaking, if there are no orders in place prohibiting you from doing this, then it is okay. But as an attorney, I would caution you against this since you never know what the other side may try to do at this point in the process. For instance, if he claimed you were a flight risk and obtained an emergency order preventing removal on short notice, you wouldn't want to be in violation of that order. If I were you, I would sit down with a divorce attorney to discuss all of the details about the situation beforehand.
    Answer Applies to: Massachusetts
    Replied: 5/3/2011
    Kelly A. Broadbent, Esq.
    Kelly A. Broadbent, Esq. | Kelly Broadbent
    Until there is a court order or agreement, you can take your children out of state. If there is an agreement and it does not address put of state vacation, you must seek an order from the court (if your husband disagrees) or get permission from your husband in writing to take the children out of state.
    Answer Applies to: Massachusetts
    Replied: 5/3/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    A notarized letter is required. A stipulation and order would be better. If you are looking for an attorney and are in my area, contact me for a free consultation.
    Answer Applies to: California
    Replied: 5/3/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Unless there is a Court Order to the contrary, nothing precludes a parent from taking a child out of state on vacation.
    Answer Applies to: Minnesota
    Replied: 5/3/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    If there are temporary orders in place, look at your orders. If not, your rights are no different than his. To help limit problems if you're stopped, get something from him but it's not "required" unless your court orders say so.
    Answer Applies to: Washington
    Replied: 5/3/2011
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