Understanding the Rules on Traveling with Your Child During a Divorce in Oklahoma
Hi, I’m Tulsa dads divorce attorney Clint Hastings. I practice here in Tulsa, Oklahoma, and I focus on father’s rights. I was asked, what are the rules on traveling with my child after a divorce has been filed? Well, with each divorce with minor children, there is an automatic temporary injunction issued by statute that prohibits the parties from doing certain things. It applies to both parties once the other party has been served with the petition and summons.
As far as traveling, the main rule is that it prohibits you from hiding or secreting the child, and it prohibits you from traveling outside of the state with the child for a duration of two weeks or more without the written consent of the other party. So, if you’re going to travel for two weeks or more, you want to get the written consent of your wife. However, the statute also says that such consent shall not be withheld unreasonably.
Dealing with Consent Issues
If she does not give that written consent, what do you do? Does that mean you can go because you deemed it unreasonable? I would not suggest that. You need to go ahead and not travel for more than two weeks, come back early if you have to, whatever, and also notify her of where you’re going and who the children are going to be with so that you’re not hiding or secreting the children. Now, if she does this, of course, it’s vice versa. At some point, you will get a temporary order hearing, and these issues can be addressed further.
Navigating Previously Planned Trips
The biggest difficulty comes when there is a previously planned trip, but then one of the parties files for divorce. Can you go on that trip? And especially if they are withholding the consent. Sometimes you will just have to cancel that trip and lose deposits if that’s the case. But do not travel for more than two weeks and not tell them where you are and not get the written consent. You will be subject to a contempt action and you could be punished by fine or even jail, but I don’t, you know, typically you’re not going to get jail for that unless it’s a repeated offense.
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Give us a call at 918-962-0900 if you need a consult and let us know if you need further information on this topic or any other. Thanks for watching, I’m the Tulsa Dads.Law attorney.
