The holiday season should be an opportunity to rest and enjoy time with family, but if you’re co-parenting after a divorce and planning to travel, challenges can crop up. Whether you’re traveling out of state to visit relatives or planning a winter trip overseas, it’s recommended to understand the legal and practical rules that apply when traveling with children after a divorce.
Massachusetts Law on Traveling with Children
Massachusetts custody law centers on the best interests of the child, and this standard guides all travel-related decisions. The distinction between legal and physical custody is important: legal custody involves decision-making authority, while physical custody determines where the child primarily lives. Because most divorced parents share legal custody, both must agree on major decisions such as significant travel.
Travel Rules After Divorce: What Do Parents Need Before Traveling?
When parents are divorced or share custody, traveling with children isn’t a simple matter of packing bags and hitting the road.
Always check parenting plans and court orders before making any travel plans. Most Massachusetts parenting plans include specific language about holiday travel schedules, required notice before taking children out of state, whether written consent from the other parent is needed and exchanges, transportation and return times.
When traveling, most parents are required to give advanced notice for travel
Written consent may be required for certain types of travel
Court approval may be required for international trips
Compliance with parenting schedules and holiday rotations may be written into travel plans
Out-of-State Travel After Divorce: Tips and Recommendations
1. Parenting Plans or Court Orders
Many parenting plans include separate holiday schedules that override regular weekly routines. These often specify rotations for major holidays, school vacation periods, and designated travel windows.
2. Understand When Consent Is Required
Even if your parenting plan doesn’t have language about travel, you generally need the other parent’s consent for out-of-state travel if:
- You share legal custody
- The trip interferes with the other parent’s parenting time
- The travel poses a potential safety or logistical concern
Getting consent in writing provides documentation if questions arise.
3. Steps to Take If the Other Parent Refuses Consent
If the refusal is unreasonable and the trip is important you may request mediation, attorney negotiation or a temporary court order permitting travel. Courts will typically attempt to balance holiday traditions, the child’s best interests, and the reasonableness of the trip.
4. Can you Travel Internationally with Your Child After Divorce?
International travel requires additional layers of compliance and documentation as a divorced parent.
U.S. Passports Require Consent from Both Parents
Under federal law, children under 16 generally cannot obtain a U.S. passport without the consent of both legal parents or guardians, unless:
- A court order specifically authorizes the applying parent to obtain a passport
- One parent has sole legal custody
- There are safety-related circumstances that justify the “two-parent consent exception”
What is a consent letter and what does it include?
A consent letter typically includes travel dates, destination(s), an explanation of the trip and a statement that the other parent approves of the travel.
5. When Do You Need a Court’s Permission?
If the other parent refuses to consent to international travel, you may petition the court. Judges consider:
- Whether the travel is safe
- Risk of abduction
- The child’s ties to Massachusetts
- The purpose and duration of the trip
- Past co-parenting behavior
The court may grant permission with conditions, such as holding passports in escrow or requiring detailed itineraries.
When to Contact an Attorney
Legal advice is recommended when:
• The other parent refuses reasonable travel
• Safety or risk of abduction is a concern
• The other parent won’t consent to a passport
• The parenting plan is outdated or unclear
• You want to modify holiday arrangements
Holiday travel issues can escalate quickly, especially before school vacations or winter break, so acting early is strongly recommended.
Practical Tips for Stress-Free Holiday Travel After Divorce
Last-minute or “surprise” trips often lead to conflict. Early planning can forestall these issues. All agreements should be put in writing via email, text, or a co-parenting app. Parents should also share relevant trip details, such as flight information, hotel or location, contact details and travel companions
For out-of-state or international travel, parents should carry all necessary documents, including court orders, a travel consent letter, passports, emergency medical authorization, and insurance cards.
Clear communication, early planning, and an understanding of the rules can facilitate holiday experiences that help children feel secure and safe. As a divorced parent, if you are uncertain, review the parenting plan, obtain written consent, and consult a Massachusetts family law attorney to keep holiday plans on track. Fleischer Law Solutions provides compassionate representation for parents navigating holiday travel with children. Contact Attorney Robin Fleischer if you need adjustments or a review of your holiday parenting schedule.