One of the most stressful periods of a parent’s life 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 of the 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 have a huge impact on a person, and going through the divorce and separation process can be very hard on everyone involved. It is important to continue to take care of your own mental health. For parents that 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 some time and effort, having both parents work together and communicate can make things easier for their kids. Being able to work together for the children can also help both parents be able to 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. In order to not get 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 advisory to keep a tab on things like parenting agreements.
Understandably, divorced parents need some time to heal up after divorce, 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
The pandemic has impacted travel worldwide. When going out of the country, it is important to stay informed on all the latest COVID-19 travel regulations. Whether that means being up to date on vaccinations or making sure that masks are worn on the plane. The vaccination criteria have to be checked with the respective countries. The parent must have information about the pandemic and related restrictions that are evolving rapidly.
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 opinion gives an insight into the travelling plans impacting their health. The information on pandemics and related restrictions make children worry less. The up-to-date details double up the excitement.
Make Travel Plans After Discussing with Co-Parent
Before beginning with 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 that they are planning 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 so that they can spend enough time with the children can lead to a very healthy relationship between the two parents and kids. In this situation, one of these accommodations could be a parenting time swap.
Disappointment for the kids
If both the parents cannot reach an agreement on swapping parenting time, it can lead to bigger issues, more conflicts, and more disappointment for the kids. In these cases, it is important for parents to 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, on the contrary, 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 vacation, 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 with a family law attorney to come up with other possible solutions.
Have the Right Travel Documents
After agreeing to vacation with your co-parent on travel dates, you must ensure that you possess the correct documents. 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 like transportation, place of stay, place to visit, and other key details 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’ reviewal provides satisfaction that all formalities have been coped with, including sincere correspondences.
Travelling In or Outside 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 show at the airport. Travellers under 18 must be with co-travelling adults at all times.
International travelling requires identification, like passports, for everyone. 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.
Travelling with kids is common. Children can have dual citizenship because of their parents’ nationalities who may be living in the same town or in 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 attorney will provide more details regarding Ne Exeat Bonds. They would consider it an appropriate option for you to look into before going abroad.
Parents Denied Access To Kids
When these child custody battles come up, the first thing anyone should do is take a minute to consider their options. Don’t kidnap your kid 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 at a later date. Avoid any 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 counselor can make the process go a little smoother.
Talking to a family therapist or professional who specializes 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. Having discussions with a counselor about the effects of a divorce on the children can also be very effective in having the parents reach an agreement in a healthy way, rather than having a messy custody battle.
Agreement outside of court
Unfortunately, sometimes parents cannot come to an agreement outside of court and decide that they need to go to court. When this happens the judge will have to decide what they believe is best for the child after hearing both sides of the case.
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 clearly no cooperation and agreement between the parents.
Joint custody is another ruling that is possible if the judge sees that both parents are equally respectful, responsible, and show that they are both willing to be flexible and work together for their kids. If a parent is granted custody of their kid, usually the other parent is still allowed to see and be with their kid every now and then through “visitation”.
Denied Access To Kids Conclusion
Each case is also different when it comes to the amount of time each parent gets 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 that specializes in divorce, and make sure to speak to an attorney in your city, as your laws might be different.
When you are denied access to your kids, speak to a lawyer.