Traveling Out of Town with Your Children: Do You Need Permission?

 Posted on July 09, 2026 in Child Custody

Summer road trips, holiday flights, and family vacations are a normal part of parenting. However, when parents are divorced or in the middle of a custody dispute, taking the children out of town can bring up legal questions. Whether you can leave town with your child depends on a few things: Where you are in the divorce process, what your parenting plan says, and whether you are crossing state lines or international borders.

Getting this right is important; you could accidentally get into quite a bit of trouble for traveling with your child when you weren’t supposed to. Call our Barrington, IL child custody attorneys to get more information about whether you can safely leave town with your child.

Can You Travel Out of Town with Your Child if You Are Still Going Through a Divorce?

If your divorce or custody case is open and active, you should assume you need permission before taking your children out of Illinois, even briefly. Illinois Courts often give parents orders that restrict travel with children during ongoing cases.

Whether your Judge has entered such an order or not, leaving the state with your children without telling the other parent or approval from the Court can be seen as interfering with the other parent's ability to see the child. Just the perception alone can affect how the Judge views you when making decisions about parental responsibilities and parenting time.

The safest thing to do while your case is open is to ask your attorney before any out-of-state trip, no matter how short. If travel is necessary, your attorney can ask for the other parent's agreement in writing or ask the Court for permission.

Check What Your Parenting Plan Says About Traveling Out of Town with Your Child

Once a divorce or custody case is finalized, your parenting plan is the document that sets limits on travel. In your parenting plan, you’ll see the term "allocation of parental responsibilities." This term has been used since the Illinois Marriage and Dissolution of Marriage Act was updated in 2016. Allocation of parental responsibilities replaced the older language of "custody" and "visitation," although they are still used in conversation.

Your parenting plan may already address travel directly by including:

• A requirement to give the other parent advance written notice before any out-of-state travel.
• A requirement to share the travel plans, including where you’re going, where you’ll stay, and your contact information.
• A restriction on international travel without either the other parent's written consent or a Court order.
• Passport controls, such as a requirement that passports be held by a neutral party or the Court.

If your parenting plan includes these details, you are legally required to follow them, no matter how cooperative your relationship with the other parent is. Violating a Court order, even once, can be used against you in the future.

If your parenting plan doesn't say anything about travel, that does not necessarily mean you have unlimited freedom to go wherever and whenever you want. Talk to an attorney about what your specific order allows and what notice, if any, you should give.

When Do You Need Permission to Travel in the U.S. with Your Child After Divorce? 

For travel within the United States, the main question is whether your parenting plan restricts out-of-state travel or requires advance notice. Many plans do, especially those in cases where one parent had concerns about the other parent leaving unexpectedly.

Even when no formal restriction on travel exists, you still need to talk to your spouse about travel unless you are the only parent who has been given parental responsibilities and parenting time.

If a trip would be during the other parent's scheduled parenting time, taking the children on a trip that cuts into it without agreement is a violation of the Court's order. Families who share parenting time on a week-on, week-off schedule or a 5-2-2-5 plan need to be especially careful about how vacations could affect the schedule.

If you want to take a trip that would be during your parenting time but it would require the other parent to adjust his or her schedule — for example, because you need to leave a day early or return a day late — get that agreement in writing before you go.

When Do You Need Permission to Travel Internationally with Your Child After Divorce? 

International travel with children requires more planning and, in most cases, explicit permission. Federal law requires that both parents consent to a child receiving a U.S. passport if the child does not already have one. If the other parent refuses to consent, you can petition a Court for an order allowing the passport to be issued, but that takes time.

Even if your child already has a passport, your parenting plan may prohibit international travel without the other parent's written consent or a Court order. The concern behind these restrictions is the Hague Convention on the Civil Aspects of International Child Abduction.

When a parent takes a child to another country without authorization, recovery can be difficult and slow. The United States is part of the Hague Convention, but not all countries are. Illinois Courts take unauthorized international travel very seriously because of this. A parent who takes a child abroad without permission may face emergency proceedings, findings of contempt, and a significant restriction in parenting time.

If you are planning international travel with your children, talk with your attorney well in advance. Getting written consent from the other parent, or a Court order if consent is refused, takes time.

What If the Other Parent Won't Agree to Let You Travel with Your Child?

When a parent unreasonably withholds consent for travel, especially for trips that are clearly harmless, like a grandparent's milestone birthday or a family reunion. Illinois Courts have the authority to step in.

A motion can be filed asking the Court to approve the travel over the other parent's objection. Judges consider whether the trip is in the child's best interests, whether it interferes with the other parent's parenting time, and whether there is any risk the traveling parent won’t come back.

A parent who automatically refuses every travel request may also find that pattern is used against him or her in future custody proceedings. Courts expect both parents to act reasonably and in the child's best interests, not to use travel restrictions as leverage.

Contact a Palatine Child Custody Attorney 

Travel questions are just one area where a parenting plan can create confusion or conflict. Whether you are still going through a divorce, working under an existing divorce judgment, or thinking about asking for a change to your custody plan, The Law Office of Nicholas W. Richardson, P.C. can help. Call 847-873-6741 to schedule a free consultation with a Barrington parental responsibilities lawyer.