Divorces can be messy, complicated, and emotionally draining. Adding children into the mix can make the situation even more challenging, especially when one parent wants to travel with the children while the divorce proceedings are ongoing. If you’re facing this situation, it’s essential to understand what you can and can’t do under Ohio law. Here’s what you need to know.
Travel Restrictions
When a couple decides to divorce in Ohio, both parties are automatically issued restraining orders that limit their actions regarding their children. These orders, called Automatic Orders, are designed to prevent either parent from disrupting the children’s life or impeding the divorce proceedings.
Under Ohio Revised Code § 3105.091(A)(3), these Automatic Orders prohibit both parents from removing their minor children from Ohio without the prior written consent of the other parent or a court order. Violating these orders can result in legal consequences and may impact the final outcome of the divorce.
Exceptions to the Rule
While the Automatic Orders prohibit parents from removing their children from Ohio, there are exceptions to this rule. Ohio law permits parents to travel out of state with their children if:
- The other parent provides written consent allowing the trip
- The court approves the travel and issues an order permitting it
- The travel is due to an emergency, such as medical treatment or a death in the family
- The parents are still legally married and have not yet filed for divorce
It’s essential to note that even if you meet one of these requirements, it’s always a good idea to inform the other parent of your plans and keep them updated while you’re away.
Seeking Approval from the Court
If you’re not sure whether your travel plans comply with Ohio’s Automatic Orders or you’re facing opposition from the other parent, seeking approval from the court can be the best solution. The court can issue an order permitting your travel and outlining any necessary terms and conditions.
To seek court approval, you’ll need to file a motion with the court and explain the reasons for the travel. You may also need to provide travel details, such as a proposed itinerary, transportation arrangements, and any accommodations or activities planned during your trip.
Conclusion
Divorces are never easy, but things can be even more complicated when children are involved. Divorcing parents need to comply with Ohio’s Automatic Orders regarding travel restrictions to avoid any legal consequences. However, there are exceptions to the rule, and parents can seek court approval for their travel plans. Whatever your situation, it’s always best to seek legal advice from an experienced family law attorney to ensure that you’re making the right decisions for your family.