For many family lawyers, spring is an intensive work period. The number of cases related to disputes about upcoming summer trips, children's leave and visitation weeks is high, says lawyer Sanne Andersson.
Conflicts about what one parent wants to do with the children on vacation without the consent of the other flare up easily - and can be difficult to resolve.
The most important thing is to look at the situation of the children you are talking about; the best interests of the children should always be decisive. Do the parents have joint custody, or do you have sole custody? Then I am talking about legal responsibility, says Andersson.
Consent is recommended
If we assume that two parents have joint custody, the basic rule is that the parents should make joint decisions on matters concerning the children's personal affairs.
However, you can make decisions without the consent of the other parent in matters that are considered day-to-day care, for example short trips during your visitation time. So you don't have to contact the other parent and get permission if you plan a short trip, but we often recommend that you do so anyway to avoid conflict.
In other words, it is fine to plan a short trip with the children during your own visitation time, without explicit consent from the other parent. However, what counts as a “short trip” is tricky.
You must not make plans that limit the other parent's contact time, and you should remember that you have a duty to provide information that can promote contact, says Andersson.
Some countries require written consent from the other parent to enter the country with children.
That's another reason why it's good to have consent from the other parent.
Written consent preferred
Communication is crucial to reducing the risk of conflict. And if you can't manage it on your own with your ex-partner, there is help available, for example from your local family law department or a lawyer.
You should always try to cooperate and communicate where possible and appropriate. It is important to get something down in writing. I prefer written agreements or contracts. With oral agreements there is room for interpretation, says Sanne Andersson.
