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Child Support, Divorce, Family Law, Uncategorized

Vacation Travel Plans

Vacation Travel Plans

Vacation Travel Plans

Divorced and Separated families

Jeff J. Horn – NJ Family Lawyer

You survived your divorce or custody dispute. Time for vacation travel plans. Children are excited to go. However, your ex is not cooperating. Oftentimes,  separated and divorced parents hear conflicting information. Rely upon your agreement, court order and family law attorney’s advice. Disregard the cheerleaders.

Vacation travel plans – Notice

Most likely, your court order allows vacation travel plans with the children. Specifically, vacation time duration and advance notice is agreed upon. For shorter trips, a couple of weeks is reasonable. Otherwise, longer trips for international trips – 30 days is reasonable. Likewise, notice includes a specific itinerary:

  1.  Airline
  2.  Flight number
  3.  Flight times
  4.  Address and telephone number of lodging
  5.  Itinerary
  6.  Scheduled communication with the children during the vacation travel

Vacation travel plans –  What is reasonable?

Family Court judges want you to decide. For instance, one week of vacation per year may be reasonable for your family. However, when it is time to visit family internationally a longer vacation makes good sense. 1 week or 4 weeks – remember, best interests of the children always rule.


International Destinations – Best interests of children

Family Court judges approved International vacation travel plans. Notwithstanding your reservations, travel in the best interests of the children will be approved. here are the basics:


  • A passport – typically, both parents must appear and / or sign the passport authorization documentation. Specifically, United States state department for – here is the link: State Department Form DS 11.


  • A letter of consent. The entire form letter may be copied from this article below or utilize the link provided here: Consent Letter Form – The form can be downloaded off the link or copy and paste from the text below.


  • Again, a tight and specific itinerary  and check-in times for the children.

Vacation travel plans – out of state

Puzzlingly, out-of-state travel creates a lot of family court conflict.  Moving out of state requires an agreement or a court order. Typically, neither are easy to come by. Here is a link to the statute addressing moving out of state with children. Frankly, day trips out of state require no notice. For example we New Jersey residents are a stone’s throw from the Liberty Bell in Philadelphia in the Empire State Building in New York City. Taking the children for a day trip should be fun and memorable – not a leap into Family Court. 

Best practices out-of-state vacation travel plans.

If you are staying overnight, follow the above suggestions – a little bit of notice, itinerary, lodging and reasonable contact with the children.

State Department Passport Instructions


To Whom It May Concern:


(Full Name(s) of Custodial and/or Non-Custodial Parent(s)/Legal Guardian(s))

am/are the lawful custodial parent(s) and/or non-custodial parent(s) or legal guardian(s) of:

Child’s full name:                                                                                                    
Date of Birth:                                                                                                    
Place of Birth:                                                                                                    
U.S. Passport Number:                                                                                                    

                                                                                , has my/our consent to travel with:

(Child’s Full Name)


(Full Name of Accompanying Person)


(U.S. or Foreign Passport Number)


Date and Place of Issuance of This Passport)

to visit


((Name of Foreign Country)

during the period of


((Dates of Travel: Departure and Return)

During that period,


((Childs Name)

will be residing with


((Name of Person with Whom the Child will be Residing in Foreign Country)

at the following address:


((Number/street address and apartment number)


((City, State/Province, Country)


((Telephone and fax numbers)

Signature:                             Date:                   

(Custodial Parent, and/or Non-Custodial Parent or Legal Guardian)

Full Name:                                                                                           

Signature:                             Date:                   

(Custodial Parent, and/or Non-Custodial Parent or Legal Guardian)

Full Name:                                                                                           

Signed before me,

                                                                                          , (Full Name of Witness)

this                             at                                                                                           .

((Date) and (Location))

Signature of Witness:      


Paweł Czerwiński on Unsplash