Ask The Lawyer By: Daniel A. Gwinn, Esq.

Dan Gwinn New Head ShotThis week’s question: Do I have to let my ex-spouse take my children on vacation?

QUESTION: My ex-husband and I were just divorced this year and share custody of our children. We each get the children for 3 weeks in the summer for vacations.  He wants to take the children to visit his relatives in India during his 3 weeks.  I don’t want them to go.  Do I have to let him take my children to India?   I want to take the children to California during my 3 weeks.  Do I need his permission?

ANSWER: The first place you must look to is your Judgment of Divorce to see exactly what the provisions regarding parenting time say about travel. Since 2013, Michigan’s Child Custody Act of 1970 requires that judgments of divorce include a provision prohibiting the exercise of parenting time in a nation that is not a party to the Hague Convention on the Civil Aspects of International Child Abduction unless both parents provide the court with written consent to allow the parenting time. India is not currently a party to the Hague Convention therefore both you and your ex-husband must agree, in writing, that the children may travel to India.  As for your travel to California, you must refer to your Judgment of Divorce for guidance.  An attorney can help you determine what is required in your Judgment and any steps that must be taken to help you achieve your goals.

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By: Daniel A. Gwinn, Esq.
Attorney and Counselor at Law

901 Wilshire Drive, Suite 550
Troy, MI 48084
(248) 247-3300
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