For many Arizona schools, it’s spring break week. That means trips to Disneyland, the beach, and spring skiing in Utah. But what if you are going through a divorce? Is travel restricted while the case is pending?
When an Arizona divorce is filed and served, a court order called the “Preliminary Injunction” goes into effect automatically. Among other things, the Preliminary Injunction prohibits out-of-state travel with the children while the divorce is pending absent court permission or a written agreement between the parents. If you are divorcing your spouse and you plan to travel out of state with your common children but NOT with your soon-to-be ex, be sure to get a written agreement (an email exchange is sufficient) from your spouse before you leave.
The non-travelling party is advised to think twice before denying consent to the requested travel just to stick it to the other party. First, consider the impact on the children. Are you going to gain points with them by keeping them from a trip they are excited to take? Second, if your spouse has to resort to requesting court permission to take a reasonable out-of-state trip with the children, be prepared to have the judge be upset that you required her to use her precious time to deal with a dispute that seems to be based on spite rather than on concern for the children.
Certainly there are situations where it might be appropriate for the non-travelling parent to object to certain travel, such as travel to unsafe locales or trips that keep children away from one parent for a long time. In most situations though, it’s probably best to agree to the travel and to simply schedule a separate trip of your own with the kids rather than trying to sabotage your spouse’s trip.
Copyright © 2011 by Scoresby Family Law – J. Kyle Scoresby, P.C. All rights reserved.