Hoffman, Larin & Agnetti | Over 40 Years Representing South Florida Families
Every June, the same question lands on our desk: “I want to take the kids on vacation this summer — do I need my ex’s permission?“
The honest answer is the one no one wants to hear: it depends on your parenting plan. But there are clear rules underneath that answer, and getting them wrong can turn a vacation into a contempt hearing. Here’s what Florida parents need to know before booking anything.
Start With Your Parenting Plan — Always
In Florida, every divorce and paternity case involving minor children includes a court-approved parenting plan. That document — not general assumptions about “your time” — controls what you can and cannot do over the summer.
Pull it out and read it before you book a single flight. Look specifically for:
- Travel notification requirements — how far in advance you must tell the other parent
- Consent requirements — whether out-of-state travel requires written permission
- Itinerary requirements — whether you must provide addresses, phone numbers, and dates
- The summer-time-sharing schedule, which is often different from the school-year schedule
Most Florida parenting plans built on the standard form include travel provisions. Many parents forget they’re there until they’ve already promised the kids a trip.
In-State Travel: Usually the Simplest
If you’re staying within Florida during your scheduled time-sharing — a trip to Orlando, the Gulf Coast, or a cruise port — most parenting plans allow it without special permission, as long as you meet any notification requirements in your plan.
Even so, it’s smart to give the other parent reasonable notice and a way to reach the children. Following the written notice provisions protects you if a dispute arises later.
Out-of-State Travel: Read the Plan Carefully
Domestic travel outside Florida does not require a passport, but it may still require compliance with the notice and consent terms of your parenting plan.
Some plans allow out-of-state travel during your time as long as you provide an itinerary. Others require the other parent’s written consent. A few — particularly where there have been past concerns — restrict out-of-state travel entirely without a court order.
Two practical points:
- Travel with documents in hand. Carry a copy of your child’s birth certificate and your parenting plan or final judgment. The TSA is authorized to ask anyone traveling with a minor for proof of parentage, and a parent with a different last name than the child should be especially prepared.
- Follow the notice terms in writing. Texting “taking the kids to Georgia next week” is not the same as meeting a plan requirement for 30 days’ written notice with a full itinerary. Comply with what the plan actually says, in writing, before the deadline.
International Travel: The Passport Rule Catches Everyone
This is where summer plans most often fall apart. Both parents must consent to a child under 16 being issued a U.S. passport.
That means if you and your ex share parental responsibility, you cannot obtain or renew your child’s passport on your own. The simplest method is for both parents to appear together at the passport acceptance facility. If only one can appear, the other must provide a signed, notarized consent form (Form DS-3053).
If your ex won’t consent, you cannot simply proceed. You would need to seek court intervention — and if you believe the refusal is unreasonable, a Florida court can sometimes authorize the passport or the travel. But that process takes weeks, sometimes longer. A passport problem discovered in June is usually not solvable for a July trip.
Some parenting plans also require, specifically for international travel, written consent or a court order, copies of passports, international contact information, and even confirmation of return flight. Read your plan before assuming a trip abroad is permitted.
What If Your Ex Refuses Consent in Bad Faith?
It happens. One parent withholds consent not out of genuine concern but to control, punish, or extract leverage.
Florida courts do not look kindly on a parent who unreasonably blocks the other parent’s time or a child’s opportunity to travel. If consent is being withheld in bad faith, you can ask the court to:
- Authorize the specific trip over the other parent’s objection
- Order the other parent to sign the passport documentation
- Address a pattern of interference as part of a broader enforcement action
The keyword is time. These remedies require filing with the court and waiting for a hearing. The parent who starts in April has options. The parent who starts the week before the trip usually does not.
The Line Between a Vacation and a “Relocation”
One critical distinction trips up parents every summer: a vacation is not the same as a relocation, and Florida law treats them very differently.
Under Florida Statute §61.13001, moving a child’s primary residence more than 50 miles away for 60 consecutive days or more constitutes a relocation, and such a move requires either the other parent’s written agreement or a court order before the move. It is not something you can do on your own, even during the summer, even temporarily.
A two-week trip to see grandparents is a vacation. Sending the child to stay out of state for the entire summer, or moving with plans to enroll them in school elsewhere, can cross into relocation territory and trigger a completely different — and much stricter — set of legal requirements. If your summer plans involve an extended stay, get advice before you commit.
If You’re the Parent Who’s Worried About a Trip
This works both ways. If your co-parent is planning travel that concerns you — a destination you believe is unsafe, a history that raises abduction concerns, or a “vacation” that looks like it might become a permanent move — you have options too. Florida courts can impose travel restrictions, require itineraries and contact information, and, in some cases, prevent the removal of a child from the state or country.
But again, these protections require acting through the court before the travel happens. Concerns raised after the plane has landed are far harder to address.
A Few Practical Tips Before You Book
- Read your parenting plan first. Every answer starts there.
- Give notice in writing, early. Even when consent isn’t required, documented notice protects you.
- Start passport issues months ahead. Both-parent consent and processing time make summer passports a spring project, not a June one.
- Travel with your documents. Birth certificate, parenting plan, final judgment.
- When in doubt, ask before you book. A non-refundable trip booked against your parenting plan creates pressure, not permission.
The Bottom Line
Summer should be about giving your kids memories, not about a courtroom. But Florida’s time-sharing and travel rules are specific, and they reward the parent who plans ahead and follows the plan in writing — and they punish the parent who assumes “my time means my rules.”
Whether you want to take a trip, renew a passport your ex won’t sign for, or stop a trip you’re worried about, the same principle applies: the earlier you address it, the more options you have.
Frequently Asked Questions
Can I take my child out of state on vacation in Florida without my ex’s permission?
It depends on your parenting plan. If the travel falls during your scheduled time-sharing and your plan only requires notice, you generally can — as long as you follow the notification and itinerary terms in writing. If your plan requires the other parent’s written consent for out-of-state travel, you must obtain it. Out-of-state domestic travel does not require a passport, but it does require compliance with your specific plan.
Do both parents have to consent to a child’s passport?
Yes. For a child under 16, U.S. law requires both parents to consent to the issuance or renewal of a passport. The simplest method is for both parents to appear together at a passport acceptance facility. If only one can appear, the other must provide a signed, notarized consent form (DS-3053). If a parent has sole parental responsibility, they may be able to apply without the other parent’s signature by providing documentation.
What can I do if my ex won’t let me take the kids on vacation?
If you believe consent is being withheld unreasonably, you can ask a Florida court to authorize the specific trip, order the other parent to sign passport documentation, or address a pattern of interference as part of an enforcement action. These remedies require filing with the court and waiting for a hearing, so the earlier you act, the more options you have. A trip planned months ahead leaves time; a trip booked the week before usually does not.
Is taking my child away for the summer considered relocation in Florida?
It can be. Under Florida Statute §61.13001, moving a child’s primary residence more than 50 miles away for 60 consecutive days or more constitutes a relocation and requires written agreement from the other parent or a court order before the move. A two-week vacation is not relocation, but an extended summer-long stay out of state — especially one connected to enrolling the child in school elsewhere — may cross that line and trigger much stricter requirements.
Why Hoffman, Larin & Agnetti?
Hoffman, Larin & Agnetti have guided South Florida families through time-sharing and parenting disputes for more than 40 years. Appointments in any of our four offices, by ZOOM, by phone, or at your home or hospital when necessary.
