Parenting Plan – Vacation

The divorce petition has been issued. Wifes attorney and her created parenting plan. She is requesting 14 consecutive days each summer with the 2 children. She is from another country and wants to go there every year for 14 days. I do not want to be away from the children that long. I agreed to 7 days at a time. We cannot agree and the court will have to decide. Any advise?

Asked on December 2, 2018 under Family Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

What can happen is that the court can, and quite likely would, find that the proposed plan is reasonable: it lets her share her culture with the children; it makes them more rounded, broader citizens by exposing them to another country; and 2 weeks is not an unreasonable time--any kind of trip or vacation where you have to fly somewhere really takes over a week to make it worthwhile, given the time lost to travel and "jet lag"--so not allowing a two week separation from you would essentially preven the children from overseas travel. 
So yes, you can put this before the court, but the court may well find for her anyway, so you may instead wish to voluntarily work it out--maybe you get 2 weeks at some other time of the year to compensate.


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