Do I Need Approval To Take My Child on Vacation in Illinois?

 Posted on June 22, 2025 in Child Custody

If you share custody of your child, planning a vacation is not always simple. Under Illinois law, there are specific rules about when you can travel with your child and what permissions are required. A Rolling Meadows, IL parental responsibilities lawyer can help ensure you stay in compliance with the law and your parenting agreement to avoid legal issues.

When Can I Travel With My Child?

In general, you are permitted to take your child on vacation during your assigned parenting time unless the parenting plan says otherwise. The Illinois Marriage and Dissolution of Marriage Act governs the allocation of parenting time and the ability to make day-to-day decisions about your children under 750 ILCS 5/602.7, and most parental agreements address vacations, restricting them to your scheduled parenting time. However, problems can arise when:

• The vacation interferes with the other parent’s time.

• The trip involves out-of-state or international travel.

• The destination poses a safety concern.

• There is a history of conflict or lack of communication between parents.

If your trip does not disrupt the custody schedule and your parenting agreement allows for travel, you likely just need to notify your co-parent of your plans.

Do I Have To Formally Notify the Other Parent When Taking My Child on Vacation?

Parenting plans commonly require written notice of an intention to take the child on vacation, even if it does not interfere with the other parent’s scheduled visitation. If your parenting plan specifies certain regulations, such as deadlines and information you must provide, follow those guidelines. However, a simple notice would include travel dates, destination, contact information, transportation details, accommodations details, and a copy of the itinerary, if available. 

Some parenting plans include a clause that both parents must agree to out-of-state or international trips, even if you share 50/50 parenting time. If there is a disagreement about the trip, you should reach out to an attorney. You may need to petition the court to resolve the issue.

What Happens if I Take My Child on Vacation Without Notifying the Other Parent?

If taking your child on vacation without notifying the other parent violates your parental agreement, you could face legal consequences. For example, if you take the child out of state without the required permission or notice, your co-parent could file a motion with the court for enforcement of the custody agreement or even contempt. If your trip interferes with the parenting time schedule, your co-parent could have a strong case against you. Statute 750 ILCS 5/607.5 addresses interference with parenting time, and in Illinois, a judge could impose fines, modify your parenting agreement, or require makeup time for the other parent.

Contact a Rolling Meadows, IL Child Custody Attorney for a Free Consultation

As you consider a vacation with your child and question the legal requirements for taking it, speak to an Arlington Heights, IL child custody lawyer at Law Offices of Donald J. Cosley about your case. You will speak directly with the attorney who will help you review your parenting plan and understand your rights, avoiding any potential disputes. Call 847-253-3100 today to schedule a free consultation and get reliable legal support before you travel.