The Courts have found travel to be in the best interest of the child. Consequently, a parent should not unreasonably withhold consent for the child to travel with the other parent. If the non-traveling parent unreasonably withholds consent then the court can override the non-traveling parent’s objection to the travel. See Matter of Arroyo v. Agosta, 2010 NY Slip Op 08566, 78 AD3d 938 (2nd Dep’t 2010).
Common language in a parenting plan requires advance notice of travel, the exchange of travel itineraries, including flight information, and contact information at the travel site such as hotel name and phone number. The more stringent agreements require proof of return airline tickets.
The parents need to decide when the travel requirements apply. Is notice of the travel itinerary necessary for international travel only? Or is the itinerary also necessary for national travel within the United States?
The parents also need a system for obtaining travel consent letters, requesting the child’s passport for travel and redefining the manner and frequency of communications with the child. For national travel, it is still easy to make a phone call. For international travel, the parents may need to postpone daily phone calls and agree to Skype every other day.
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Comments 1
In New York State, do non-married couples need permission to take their 2 year old on a week’s long cruise. They are not together. The two year old lives with the Mother!