You and your spouse have traditionally taken a vacation with the children every summer during the marriage.  What happens now that you are in the middle of divorce proceedings?  Vacation plans should be discussed early in the divorce proceedings so that the parent who intends to take a vacation with the children has sufficient time to obtain a court order, if necessary.  Instead of waiting for an emergency to arise and risk having to cancel a planned vacation, be prepared to deal with this issue in advance.

Generally, in most cases, a consent order can be worked out between the parents delineating any vacation plans while the divorce proceedings are pending.  Any anticipated vacation time is typically included within a temporary consent order on custody and parenting time. If parents are unable to agree on a temporary parenting time schedule, the court will require the parents to attend custody and parenting time mediation, which is facilitated by a mediator within the courthouse. Anticipated vacation plans may be discussed at mediation.  In the event mediation is not successful, either parent has the right to file an application with the Court to address custody and parenting time while the case is pending, including any unresolved issues pertaining to summer vacation time.

For more information about this or other divorce topics, contact an experienced attorney at Iandoli & Edens, LLC. Call today. 908-879-9499.