It is not unheard of that one particular ex-spouse may be challenging to work with after a divorce and custody agreements have been made. Legal documents such as custody orders or parenting plans are designed to address information, so there is no confusion. Perhaps one partner feels they are getting the short end of the stick. 

Or maybe they are still angry and upset with how the marriage finally ended. Regardless of the circumstance, people who feel scorned can sometimes be challenging to work with. As we begin to make plans for Spring and Summer, issues can arise with wanting to take your children on vacation for Spring or Summer break.  

Can my ex-spouse stop me from taking the kids on a trip?

The answer to this question will ultimately depend on your custody agreement’s specifics and parent time plan. In many cases, either parent can take their children on a trip if they follow specific rules and protocols. This is true whether the other parent likes the idea or not. This includes adhering to standard rules such as: 

  1. You are giving notice to the other parent of your plans for a trip. This is best handled in email or other written communication so the proof of notification can be established should any issues arise in the future. A 48-hour notice is usually the bare minimum acceptable notification time before the trip is supposed to occur.  
  2. You are providing the other parent an itinerary of the trip. This details where you will be staying, visiting, and what activities you will be doing while on your vacation or weekend getaway.  
  3. You provide the name and telephone number of a third party that will know of the children’s location.  

What if I follow the Rules? 

Ultimately your ex-partner can try to cause issues, even if you follow the rules and requirements of local law and your custody agreement. In general, parents do have the right to take their children on a trip, especially if it is during the time they would have the children staying with them anyway. It is a good idea to stay proactive about the situation, especially if you suspect your ex will be difficult about your trip. If you live in Utah and would like to learn more, it would be a good idea to speak with your family law attorney. If you are unrepresented and would like to learn more about protecting and enforcing your rights, you are always welcome to speak with a legal professional at your office.      

Disclaimer: Using this site or communicating with Burton Family Attorneys through this site does not form an attorney/client relationship. This site is legal advertising only. Do not rely on the information on this website as an alternative to legal advice from your attorney or other professional legal services providers. If you have any specific questions about any legal matter, you should consult your attorney or professional legal services, providers.