Phoenix, AZ asked in Family Law for Arizona

Q: Traveling without kids

We have joint legal custody with ex. This year I have 3 month (12 weeks) off from work that falls during summer break from school from June to end of August. I want to travel to Europe during this whole time, last year I took the kids to Europe for 6 weeks with father permission, I wanted to take the kids to Europe for 6 weeks this summer again, return them to Arizona so they can spend the next following 6 weeks with father since school goes back again in August and me going back finish my trip time. Father is only agreeing to 2 weeks outside the country this year. I’m giving plenty notice of my plans, can I lose my joint legal custody if I take them for 2 weeks with permission, return them to father and then I go back to Europe to finish my traveling time and return to Phoenix end of August, I told him after I get back we can go back to our regular schedule with the kids. Can he stops me for traveling without the kids ?

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1 Lawyer Answer
Mike Branum
Mike Branum
  • Saint George, UT
  • Licensed in Arizona

A: The short answer is no, he cannot stop you from travelling without the kids. Since you would LIKE to have the children for your parenting time and he is not giving permission, it would be difficult to argue before a judge that you are not availing yourself of your parent time.

When I first started reading this question, I thought you were going to ask if you could get in trouble for keeping the kids out of country for six weeks without his permission. COMPLETELY different inquiry. Seems kind of selfish for dad to refuse to allow the kids to travel out of the country for six weeks, but your question provides zero context. Maybe there is a defensible reason.

So, the long answer is: no, but is is possible he could argue you forfeited parent time. Difficult argument, but he could try.

1 user found this answer helpful

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