Why This Matters: When parents live apart, they need a plan. This plan helps them raise their child. Part of this plan is about holidays. Some parents wonder if they can make a rule to stop holiday travel. This can seem a good way to stop problems. But it is a big rule. Let’s talk about what this means for you and your child.
What Is a Parent Plan?
A Plan is a Contract: Think of your parent plan as a set of rules, like a contract. You and the other parent make this plan. It says who the child lives with and when. It also covers big choices. As long as the rules are fair, you can put in what you both want.
The Judge Must Approve: A judge must look at your plan. The judge wants to see if the plan is good for the child. If the plan is very unfair to one person, the judge might not like it. But most times, if parents agree, the judge will say yes.
Your plan can list:
- Where the child goes to school.
- What doctor the child sees.
- Rules about moving to a new house.
Your plan can also list:
- Who gets Christmas each year.
- How you split spring break.
- Rules for the child’s birthday.
Example: Ann and Tom made a plan. Their plan said Ann gets Thanksgiving and Tom gets Christmas. They wrote this down. The judge signed it, so it became a rule they both must follow.
Can the Plan Say “No Travel”?
Yes, It Can: You and the other parent can agree to a “no travel” rule. You might want this to avoid fights. If you both agree, you can put it in your plan. It must be written very clearly so no one is confused.
The Child’s Needs: A judge will ask *why* this rule is needed. The rule must be for the **best interest of the child**. It cannot just be to control the other parent. The judge’s main job is to protect the child. This is a topic discussed in detail in this video about no-travel clauses.
Reasons for the rule:
- To keep holiday plans simple.
- To make sure both parents stay close.
- To stop worries about long trips.
A judge thinks about:
- Is the child safe?
- Is the child healthy?
- Will this rule help or hurt the child?
Example: Maria and Ben agreed to a “no travel” rule. They lived in the same town. They wanted their child to see both of them on the holiday. So, they put in the plan that all holidays must be in their home state.
When Is a “No Travel” Rule a Good Idea?
Special Health Needs: Sometimes a “no travel” rule is very important. Let’s say a child is very sick. Or maybe the child has special needs that make travel hard. In this case, a “no travel” rule helps keep the child safe.
Keeping the Child Safe: The judge will listen if you have a good reason. A good reason is always about the child. If travel is hard or scary for the child, the judge may agree to the rule. You must show how the rule helps the child.
Examples of good reasons:
- The child needs special medical gear.
- The child gets very sick from flying.
- A doctor says travel is a bad idea.
You should show the judge:
- Notes from a doctor.
- A list of the child’s needs.
- Proof that travel is a real problem.
Example: A child has a severe illness. The child cannot be far from their hospital. The parents agreed that neither parent could take the child out of the state. This rule was clearly in the child’s best interest.
Can a Judge Stop Out-of-State Travel?
Yes, a Judge Can: A judge has the power to make travel rules. The judge can order that a child cannot leave the state. This is a big step. The judge will not do this without a very good reason.
A Serious Step: Judges know that travel can be good for kids. They like kids to see new places. So, they take it very seriously before they stop travel. They will listen to both sides very closely before making a choice.
A judge might stop travel if:
- One parent might try to hide the child.
- The trip is to a very unsafe place.
- The child is very fragile.
The judge thinks about:
- The child’s wish (if old enough).
- The reason for the trip.
- The good things about the trip.
Example: One parent wanted to take the child on a trip. The other parent showed proof that the first parent planned to move away and not come back. The judge made a rule that the child could not leave the state until the case was done.
Can a “No Travel” Rule Be Changed Later?
Yes, Rules Can Change: A parent plan is not set in stone forever. Things change as kids get older. A rule that made sense for a baby might not make sense for a teen. A judge can always change a rule.
How to Ask for a Change: If you want to change the rule, you must ask the court. You cannot just break the rule. You must file papers and ask a judge. This is called a request to change the plan. The judge will only change the rule if it is good for the child.
Reasons for a change:
- The child’s health gets better.
- The child is older and wants to travel.
- A parent moves away for a good job.
To get a change, you need:
- A good reason for the change.
- Proof that the change helps the child.
- To follow the court’s process.
Example: A plan said “no travel” because the child was sick. Two years later, the child was all better. The dad wanted to take the child to see his family. He asked the judge, and the judge changed the rule.
What if a Parent Wants to Go to Disneyland?
A Common Fight: This happens a lot. One parent has a holiday. They want to take the child on a fun trip, like to Disneyland. The other parent says “no.” They point to the “no travel” rule in the plan.
What Happens in Court: The parent who wants to go must ask the judge. The judge will hold a hearing. At the hearing, the judge will look at the plan. Then the judge will ask the other parent *why* they are blocking the trip.
The parent wanting to travel should:
- Give the other parent all the trip details.
- Show flight and hotel plans.
- Ask for permission in writing first.
The parent blocking the trip must:
- Have a good reason to say “no.”
- Show how the trip would be bad for the child.
- Not just say “no” to be mean.
Example: Mom wanted to take her son to Disneyland for spring break. The plan said “no out-of-state travel.” Dad said no. Mom asked the judge. The judge asked Dad for one good reason why the son should not go. Dad had no good reason, so the judge said yes to the trip.
What Is a *Bad* Reason to Stop a Trip?
It’s Not About You: A judge will get upset if you stop a trip for selfish reasons. A bad reason is any reason that is not about the child’s health or safety. The judge wants what is best for the child, not what is best for you.
Looking Bad in Court: If you go to court and say “I just don’t want him to go,” you will likely lose. The judge will think you care more about fighting than about your child’s joy. This can make you look bad for future court dates, too. It’s important to understand what schedule is best for a child.
Do not block a trip because:
- You are mad at the other parent.
- You are jealous of the trip.
- You just don’t feel like it.
When you give a bad reason, the judge hears:
- “I want to control the other parent.”
- “I don’t care if my child has fun.”
- “I like to fight in court.”
Example: A father wanted to take his daughter to the beach. The mother blocked it. In court, she said, “He never takes me to the beach!” The judge told her that was not a good reason. The judge allowed the trip and told the mother not to block fun trips again.
What Is a *Good* Reason to Stop a Trip?
Good Reasons Are About Safety: A judge *will* listen to good reasons. A good reason is always about the child’s well-being. This means their health, their safety, or their mental needs. These are real things a judge will think about.
Be Specific: You must have proof. You cannot just say “I am worried.” You must show the judge *why*. Bring doctor’s notes, police reports, or other proof. The more proof you have, the more the judge will listen.
Examples of good reasons:
- The child has a severe food allergy. The trip is to a place that cannot handle it.
- The child is in the middle of a special medical test.
- The child is very afraid of flying and has bad panic attacks.
Good proof includes:
- A letter from a doctor or therapist.
- Emails showing the other parent is not careful.
- Info about the place they are going that shows it is unsafe.
Example: A child has a deadly peanut allergy. The father planned a camping trip with no cell service. The mother was worried about cross-contamination and not being able to call 911. She showed the judge the child’s medical chart. The judge agreed it was too risky and did not allow that specific trip.
What Happens If You Fight a Fun Trip for No Good Reason?
The Judge Will Not Be Happy: Judges see this all the time. They want kids to have good lives. This means having fun and making memories. If you try to stop a fun trip, the judge will ask why. Most judges, as one family law attorney in Michigan puts it, “believe in Disneyland.”
You Will Probably Lose: If your reason is “because the plan says so” and that’s it, be ready to lose. The judge will likely just change the plan for that one trip. The judge can say, “I am changing the rule for this trip. The child can go.”
The judge is thinking:
- “I wish I could go to Disneyland.”
- “Why would anyone stop this?”
- “This parent is just being difficult.”
The judge might:
- Grant the trip to the other parent.
- Tell you to stop fighting.
- Make you pay the other parent’s lawyer fees.
Example: A dad blocked a trip to Disney. His only reason was “the plan says no travel.” The judge looked at the dad and said, “Give me one good reason why your child should not go to Disney.” The dad could not. The judge signed the order for the trip right there.
How Clear Must Travel Rules Be?
Be Very, Very Clear: If you do put travel rules in your plan, they must be simple. Do not use fancy words. Write down *exactly* what is allowed and what is not. This stops fights before they start. Clear rules are very important.
Define Everything: What does “travel” mean? Does it mean one mile away? Does it mean out of the county? Or just out of the state? Your plan should say. If it is not clear, a judge will have to decide what you meant.
Your plan should define:
- What “travel” means (e.g., “outside the state of Michigan”).
- How much notice a parent must give.
- What info must be shared (like flight numbers).
Clear rules help to:
- Stop phone calls to lawyers.
- Give both parents peace of mind.
- Make it easy to follow the plan.
Example: A plan said “no long-distance travel.” One parent drove two hours away and the other got mad. They went to court. The judge said “long-distance” was not clear. The judge made them rewrite the rule to say “travel outside of the state.”
What Is the “Best Interest of the Child” for Travel?
The Most Important Rule: The “best interest of the child” is the only rule that matters to a judge. This is a set of ideas a judge uses to make choices for a child. It covers all parts of a child’s life. This is a key part of Michigan laws for children.
What Does It Mean?: It means looking at what will help the child be healthy, happy, and safe. Does the trip help the child learn? Does it let the child see family? Is the child safe on the trip? These are the questions the judge asks. It is not about what the parents want.
The judge looks at:
- The child’s love for each parent.
- The child’s health and safety.
- The child’s school and home life.
For travel, the judge asks:
- Is the trip safe?
- Will the child have fun or learn?
- Does it stop the child from seeing the other parent too long?
Example: A mother wanted to take her child to see the child’s sick grandma. The dad said no. The judge found that seeing the grandma was in the child’s best interest. It was good for the child’s heart to see her family.
So, Is a “No Travel” Rule Final?
No, It Is Not Final: This is the most important thing to remember. A “no travel” rule can *always* be changed by a judge. Even if you both agreed to it. Even if it is in your plan. A judge can change it.
The Judge Has the Last Word: The plan is a guide. But the judge can make a new order. If a parent asks for a change, and the judge agrees it is good for the child, the judge will change the rule. This is why changing a plan is always possible.
Key things to know:
- A judge can always change a rule.
- The child’s needs come first.
- Old rules may not work as kids grow.
A judge will likely change the rule if:
- The trip is safe and fun.
- The person blocking it has no good reason.
- The child will make good memories.
Example: A plan from 2018 said “no travel.” In 2024, the dad wanted to take his son to a family wedding. The mom said no, pointing to the old rule. The judge said the child was older now and should see his family. The judge made a new order just for that trip.
More to Know
A Note on Good Faith: Judges want to see parents work together. When you fight over small things, it hurts your child. Always try to be fair. If the other parent wants to do something nice for your child, try to say yes if you can. This is called acting in “good faith.”
Thinking About the Future: When you make your first plan, try to think ahead. A rule that works for a 2-year-old will not work for a 12-year-old. It might be better to make rules that are more open. For example, “A parent must give 30 days’ notice for any out-of-state trip.” This is often better than a flat “no.”
Figuring out travel rules can be hard. The rules in your plan matter, but a judge can always change them if it is good for your child. If you are blocking a trip, make sure you have a very good reason that is about your child’s safety. If you are being blocked, a judge will often help you. If you have questions about your plan, you should talk to someone who can help. Our team has seen many of these cases. We can help you understand your rights.
Call or text us at (248) 590-6600. You can also get a free consultation by scheduling one here. Visit ChooseGoldman.com for more help.
Frequent Questions About Travel Rules
1. Can my plan really say “no travel”?
Yes, if both parents agree, you can put this rule in your plan. But a judge must still approve it.
2. What if I agreed to “no travel” but now I want to take a trip?
You must ask the court to change the rule. You can ask for a one-time change or a lasting change.
3. Does a “no travel” rule mean I can’t even cross the county line?
Your plan must say what “travel” means. If it is not clear, you may need a judge to decide.
4. The other parent is blocking my trip. What do I do?
You must file a motion with the court. A judge will hear both sides and make a choice.
5. What is the fastest way to get permission for a trip?
First, ask the other parent in writing. If they say no, you must file with the court for a hearing.
6. Can I be punished for blocking a trip?
If you block a trip for no good reason, a judge could get mad. The judge might even make you pay lawyer fees.
7. My child is 16. Can they just decide to go?
No, the child must follow the court order until they are 18. But a judge will listen to what a 16-year-old wants.
8. What if the trip is for a family emergency?
If you have to leave fast, tell the other parent right away. You may still have to talk to the judge after.
9. Do I have to give the other parent my flight info?
Most plans say you must share all trip details. This includes flight numbers, hotel names, and phone numbers.
10. The other parent is afraid of flying. Can they stop my child from flying?
Their own fear is not a good reason. They must show that flying is bad for the child, not for them.
11. My child has special needs. Will a judge listen?
Yes, this is a very good reason. Bring proof from doctors to show why travel is a bad idea for your child.
12. What if we just agree between ourselves to ignore the rule?
This is risky. If you have a fight, the other parent can use the plan against you. It is always best to get a judge to sign a new order.