Whether you can travel with your child depends first on your parenting plan. Many Colorado plans allow vacations during your own parenting time, but many require advance notice, an itinerary, or the other parent’s consent for out-of-state or international trips.
Read the travel terms before you book, and give notice even when the plan does not require it. Here is how in-state, out-of-state, and international travel usually work.
Start With Your Parenting Plan
Your Colorado child custody orders control. A Colorado parenting plan sets out parenting time, holidays, and vacations, and when parenting time is contested, the plan must be as specific as possible.1
Look for vacation weeks, notice deadlines, itinerary requirements, and limits on where the child can travel. If the plan is silent, give written notice anyway and keep a copy.
In-State Travel
Trips within Colorado during your own parenting time usually need no permission. Keeping the other parent informed is still a good practice, especially for overnight trips.
Out-of-State Travel
Many plans require notice before a child leaves Colorado, and some require written consent. Share the dates, destination, lodging, and contact information well before you leave.
A vacation with a set return date is different from moving. A change of residence that affects the other parent is a child relocation issue with its own notice and court process.
Travel disputes are much easier to prevent than to fix once a trip is booked. Johnson Law Group offers a no-pressure consultation to review your plan’s travel terms, so schedule a consultation before you finalize dates.
International Travel
International travel adds legal steps. For a child under 16, both parents must apply in person or the absent parent must sign a notarized statement of consent.2 A parent with a court order granting sole custody, or permission to apply alone, can submit that order instead.
If your plan does not address international travel, get the other parent’s written consent or a court order before you book. Bring copies of the custody order and any consent letter, because airlines and border officials may ask for them.
Practical Tips for Smooth Trips
- Plan early. Share proposed dates months ahead for long trips.
- Document everything. Keep written records of notices, consents, and responses.
- Keep the other parent in touch. Schedule calls or video chats with the child during the trip.
- Return on time. A late return can lead to an enforcement dispute.
Frequently Asked Questions
What if the other parent refuses to consent?
If the plan requires consent and the other parent refuses without a good reason, you can ask the court to decide. Start early, because hearings take time.
Talk With a Colorado Child Custody Attorney
A clear travel provision in your parenting plan prevents most vacation disputes before they start. Johnson Law Group is here to help.
The attorneys at Johnson Law Group help parents add and enforce travel terms and will give you a clear read on your options before you travel. Schedule a free consultation through our Colorado offices, and we will serve as your North Star from here.
Sources
[2] U.S. Department of State – Apply for a Child’s Passport Under 16: two-parent appearance or notarized consent (Form DS-3053); sole-custody or permission order alternative | https://travel.state.gov/content/travel/en/passports/need-passport/under-16.html