One of a parent’s most stressful periods is being denied access to their kids. Recent attempts to change child custody laws in Canada have failed.
Going through a custody battle is one of the most stressful things that anyone will ever go through. If you look at the graph below, you can see that divorce and separation are in the top 3 of life’s most stressful events. The other thing more stressful than divorce (child custody) is death. And it’s even higher than being sentenced to jail!
You could argue that many stressful events listed above could be tied to child custody or divorce battles. Common reasons for divorce include:
- Getting fired at work (money issues)
- Retirement and getting bored
- Stresses with pregnancy (or sex difficulties and not being able to get pregnant)
- Adjustments to becoming a parent (gain of a new family member)
- Managing the Stress of Separation
Stress can significantly impact someone, and going through the divorce and separation process can harshly affect everyone involved. It is essential to continue to take care of your mental health. For parents who have decided to separate, the added stress of how to manage their kids can cause even more anxiety and depression for the parents.
Parents work together and communicate
The best thing for parents to do in these circumstances is to think of what is best for their kids. Though it might take time and effort, having both parents work together and communicate can make things easier for their kids. Working together for the children can also help both parents manage the stress and anxiety of the separation.
Unfortunately, many separations don’t end on good terms and lead to custody battles that are hard on everyone involved. With everything that goes on during a separation, it is easy for people to forget to take care of themselves. To avoid getting overwhelmed by negative emotions during this time, both parties should remember to make time for themselves and find ways to cope with the divorce.
Can You Travel with Your Children after Separation?
Yes, parents can travel with children after separation. Going out on vacation with children is fun, but, in this case, there are legal implications. Even if the transit is to the next state, it is advised to keep a tab on things like parenting agreements.
Understandably, divorced parents need time to heal up, so a vacation is a good solution. However, all the details and guidelines must be known to both parents in advance to avoid legal consequences.
Following Travel Guidelines
It would help if you kept an eye on the updates from the health department and local government on travelling abroad. Also, talking to the doctor about children and having their opinions gives an insight into how travelling plans impact their health. The information on pandemics and related restrictions makes children worry less. The up-to-date details double up the excitement.
Make Travel Plans After Discussing with Co-Parent
Before beginning your travel plan, discuss the details with the other parent. These details include the time allotted for each parent to travel with kids or take vacations, the location they plan on visiting, and any other travel details. If the period is summer break, spring, or the December holiday season, you must be aware of any prior arrangement on the times divided or spent with children. It’s natural for co-parents to have a schedule that allows them to rotate custody dates.
If the proposed trip dates are mixed up with the holiday break, discussing it with the co-parent before making travel arrangements is necessary. Accommodating the needs of co-parents to spend enough time with the children can lead to a very healthy relationship between the two parents and kids. One of these accommodations could be a parenting time swap in this situation.
Parents Denied Access To Kids And Disappointment
If both parents cannot agree on swapping parenting time, it can lead to more significant issues, conflicts, and disappointment for the kids. In these cases, parents must try to be as cooperative and flexible as possible to make their kids’ lives easier. When the plans don’t work, it can cause other issues or complications. If nothing can be worked out between the parents, it is better to reschedule the trip on alternative dates than to have a major drama.
Also, discuss the scene with your lawyer if there’s a critical event like a family meeting or party to attend. A spousal support lawyer and a family law practitioner will provide options to move ahead. Their guidance will help you understand how to handle this situation. Before making reservations for vacations or even giving a hint to children about vacations, it is necessary to discuss the idea with the co-parent. The co-parent will be fully informed and can contribute their fair share of information for a successful trip.
For disagreements on vacationing with children after separation, it’s a good idea to consult a family law lawyer to come up with other possible solutions.
Have the Right Travel Documents
You must possess the correct documents after agreeing to vacation with your co-parent on travel dates. The same will help your trip go smoothly. No matter the area of the world you are travelling to, your documents must have details about you, your kids, and your travel agreements, such as transportation, place of stay, a place to visit, and other key information about your whereabouts. Nothing must be hidden.
Other documents needed would be pandemic-related, like a vaccination certificate or proof of a negative viral test taken a few days before the trip or as advised by the authorities. Be sure that the other co-parent has access to such documents.
The documents’ review provides satisfaction that all formalities have been coped with, including sincere correspondence.
Travelling In or Outside the Country
Just like the necessary trip documentation, you must ensure that you and your travel party have the proper documentation. For flights in the country, travellers above 18 must have valid identification to arrive at the airport. Travellers under 18 must be with co-travelling adults at all times.
Everyone who travels internationally requires identification, like passports. The authority states that all children must have a valid passport to travel overseas, regardless of age. Also, for parents separated and having children, there is a different passport application to travel with.
It is essential to know the rules related to passports and to make a passport for children; co-parents can discuss the same.
Parents Denied Access To Kids During Trip Planning
Travelling with kids is common. Children can have dual citizenship because of their parents’ nationalities, who may live in the same town or different countries. No matter their location, it is the parent’s duty to look after their children’s safety. Situations can become complicated, and the farther the parents are from each other, the more difficult it will be to find a solution.
Another concern is that one of the co-parents will not comply with the custody agreements. For example, a parent who takes the kid on vacation to another country may not return or would not allow the child to meet the other co-parent.
To prevent such things, a parent can create a Ne Exeat Bond with the other parent before the trip begins. A Ne Exeat Bond assures that the travelling parent follows the custody agreement abroad with children. The bond allows a parent to take legal action against the vacationing parent if necessary.
The family lawyer will provide more details regarding Ne Exeat Bonds. They would consider it an appropriate option to look into before going abroad.
Parents Denied Access To Kids
When these child custody battles come up, anyone should first take a minute to consider their options. Don’t kidnap your kids and put them on a flight to your city.
It’s easy to get frustrated and take quick action, but at some point, the situation will be dealt with according to the law, and by breaking the law, you are making things harder for yourself later. Avoid acts of violence or anything that could be seen as aggressive at all costs.
Besides finding a lawyer, another option parents have in a custody battle is to reach out to a therapist. While lawyers can help with the legal aspects of divorces, talking with a therapist or counsellor can make the process smoother.
Talking to a family therapist or professional specializing in these cases can be very helpful in facilitating the separation process for the couple. If both parents are open to seeing and talking with a specialist about their situation, it could make it easier for them to negotiate and reach an agreement. Discussing with a counsellor the effects of a divorce on the children can also be efficient in having the parents reach an agreement healthily rather than having a messy custody battle.
Agreement outside of court
Unfortunately, sometimes, parents cannot agree outside of court and decide that they need to go to court. After hearing both sides of the case, the judge will have to determine what they believe is best for the child.
Child custody can seem like a complicated process. In the end, however, there are a few possible rulings. Full custody or sole custody can be granted to one parent, and this is usually the outcome in cases of domestic violence or if there is no cooperation and agreement between the parents.
Joint custody is another possible ruling if the judge sees that both parents are equally respectful and responsible and shows that they are both willing to be flexible and work together for their kids. If a parent is granted custody of their kid, the other parent is usually allowed to see and be with their kid now and then through “visitation.”
Parents Denied Access To Kids
Each case is also different regarding how much time each parent spends with their child. In joint custody cases, the judge may rule that one parent gets more custody time than the other and can decide the schedule of the child’s custody.
Below is an Australian lawyer who can provide general advice for dealing with a legal issue. For more information on child custody laws, contact a lawyer specializing in divorce, and make sure to speak to a family lawyer in your city, as your laws might differ.
When you are denied access to your kids, speak to a lawyer.
