Do you have plans for the next school break? Thinking about taking the kids away for Christmas?
Before you start trolling the net for cheap tickets to Florida, or book that all inclusive in the Dominican, the one with the massive slide and ziplining, before you do anything—you need your ex to sign a Travel Consent.
Signed and sealed, you’ve got the Travel Consent tucked into your passport? You’re good to go. Book those flights.
What if your ex won’t sign? Do you have to kiss that beach vacation goodbye?
No, but—you do have to call your lawyer.
You may have to ask the Judge for an Order allowing you to travel with your children. To do that you need to schedule a specific type of court date called a Motion, but you can’t bring a Motion without first attending court for something called a Case Conference.
You might get lucky, a letter from your lawyer might be enough to get your ex to change his/her mind and sign the Travel Consent. Or, still going with the lucky theme, he/she could change their mind during the Case Conference, and you’re done. No Motion necessary.
If you do have to proceed with a Motion, be prepared to explain to the Judge why you should be permitted to travel with your children.
Obtaining a Court Order allowing you to travel with your children takes time, and it can be expensive. Even worse, it’s unpredictable.
Do yourself a favour, don’t wait, talk to your ex about signing a Travel Consent as soon as visions of sun and sand simmer in the back of your mind. If your ex isn’t so keen on the idea, call a family law lawyer right away.
If you have any further questions, feel free to contact us for a free consultation. We are here to help.