Can a joint custody parent take the children out of state for vacation without the permission of the other parent?

Asked over 4 years ago - Duluth, MN

The parent wanting to take the children out of state for vacation has not asked for permission to do so. This parent has also threatened to move the children out of state without permission. The other parent is concerned that this "vacation" may lead to the children not coming back to Minnesota.

Attorney answers (2)

  1. Maury Devereau Beaulier

    Contributor Level 19

    Answered . Absent an Order to the contrary, there is nothing that requires a parent to seek consent of the other to take the child out of state for vacation.

    If the other parent does not return, you can seek an ex parte order to have the chuildren immediately returned and seek a change of custody.

  2. Andrew Daniel Myers

    Contributor Level 20

    Answered . It is always best to get the consent of the other parent. If there is any doubt that it will be questioned, it is always best to file a motion for approval of the court.

    This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

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