Can my husband prevent me from taking our children on vacation?

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Can my husband prevent me from taking our children on vacation?

I have had a planned trip out of state with my children to visit my parents for the last 4 months. I just recently told my husband that I think its a good idea we try a seperation adn now he said I can’t take our children on vacation. The trip has been planned and we are supposed to go in 2 weeks. Can I still take the kids?

Asked on November 7, 2012 under Family Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You don't have a legal separation agreement; he has no right to stop you from taking the children for a temporary vacation. However, it sounds like he is in for a fight so you may wish to start now with preserving your rights and actually obtain a separation agreement after you get back.  He cannot prevent you from taking your children on a vacation but if it does interfere with their schooling, it may be an issue for the state and not necessarily just a marital matter.


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