Separated or divorced parents should plan ahead before making summer travel plans. Learn when to refer to a parenting agreement, what information to share with a co-parent and how to handle disagreements about travel plans.
Summer is a time for family trips and making memories. But for parents who are separated or divorced, vacation planning can add an extra layer of complexity. Legal Aid Alberta staff lawyer Victoria Foster shares tips to make summer travel as easy as possible.
What should parents who are separated or divorced think about before making travel plans with their kids?
Parents should start by reviewing any parenting agreement or court order that sets out the parenting time between them and then pay attention to whether that changes throughout the summer months. If there is no formal agreement in place, it is still a good idea to have something in writing setting out the schedule before making any specific plans, just so everyone is on the same page knowing where the children are going to be. The biggest thing is making sure there is enough time to have the dialogue between the parents to make things as smooth as possible.
For example, if one parent wants a specific week during the summer that doesn’t fall within their regular schedule, start the conversation as early as possible. That helps ensure the trip will happen, whether that’s by agreement or by some court process.
How detailed should summer travel plans be when shared with a co-parent?
The itinerary is going to be important if you’re travelling out of province — and especially out of country. If the trip is within Alberta or within Canada, knowing where the child is going to be, the dates, the location and contact information in case of an emergency is important.
For an international trip, flight, hotel and contact information should be shared. It’s important to remember it’s about knowing where the children are and not trying to keep track of the other parent.
What happens if parents can’t agree on travel plans?
The first step is starting the conversation as early as possible and trying to have open communication and really focusing on what’s best for the children and what they might want. Mediation is a great option because it allows a third-party facilitator to help reach a resolution, but it keeps the decision making between the parents.
If the parents can’t agree, legal advice may be needed, and a court may need to decide. Because court proceedings can take time, it is important to start these conversations as early as possible.
If parents choose to have mediation, how soon should they start the process?
Mediation is often the fastest route, but they can’t bind you to a decision. So, if you don’t come to an agreement in mediation then the next step is going to be court, and that is where parents may be stuck for time.
How does international travel work when co-parenting?
Ideally parents will have an agreement, and they’ll have a notarized travel consent letter from the non-travelling parent. It’s also important to remember things like the Hague Convention, which is the law dealing with abducting children from their home country and checking to make sure the place they are going is a signatory to the Hague Convention.
Another thing would be to check if there are any federal government advisories about travel to a particular country. These are both good safeguards particularly when it comes to children.
No matter the family situation, the focus should be on the kids and helping them build positive memories. Why is it important to keep that in mind?
Parents need to remember that this is about their children, set their conflict aside for the benefit of their children. At the end of the day, if the parent thinks their children are going to enjoy the trip and it’s safe for them to go and do that, then it’s probably a good indication that it’s something to be agreed upon.