My wife said that she wants a seperation. I have had vacation plans with the kids for 6 weeks now. She is telling me that the kids can not go. We have not seperated yet and we still live in the same house. Can I legally take the kids with me on vacation?
Yes. You are still married and no separation has begun so custody is not in question. Why would your spouse not allow the children to go on a vacation that they have been planning?? Seems like she may not be thinking of them atm…
I think that she is doing it out of spite. She don’t like my family, so she don’t want our kids around them. She says that she can’t be away from them for that long of time. I even asked her to go with us and she said no.
There is little that she can do if you take the children with you on vacation since you are not separated.
Send her an e-mail, letting her know the date you are leaving with the children…so you have written documentation that you informed her.
Even if you were separated, there would be visitations and your vacation time could be factored into visitations. Whether or not your children spend time with your family is not up to her unless she can prove that they are a danger to the children.
I suggest that if she wants a separation, you should consult an attorney before your vacation. She may see this as an opportunity to take everything from the home…which would have to be redistributed in court, or to change the locks and claim that the day you left on vacation began your separation. In fact, that may be why she is not wanting to agree for the children to go…because then essentially, if that is her plan, she would be giving you primary custody.
You may absolutely take the children on vacation, the two of you have equal rights to the children until a court order says otherwise.