My wife and I are not yet divorced, can I take our son out of the country for vacation?

Additional Information:

My wife and I are going to get divorced, but we are not legally separated yet.   Can I still take my son on vacation out of the country?  My ex doesn’t want me to take him to a vacation to Brazil, she thinks I will keep him over there.  My mom and dad want to see their grandson, they miss him and we used to go every year, but with our separation this year we couldn’t go. I would never keep  my son away from his mom because I always believe kids should be close to their moms. All I want is 3 weeks vacation with him. What do I do?


Your situation seems perfect for mediation. You and your wife can meet with a neutral third person to work out parenting arrangements and a plan as well as all the other financial decisions that need to be made in a divorce. Given that you are not divorced, your wife has a valid concern. Clearly, there is a lack of trust between you at this point. That is certainly not uncommon during the time couples are separating and divorcing. Working on some written agreements and possibly finalizing your divorce prior to leaving might be some ideas that would relieve some of the concerns your wife has. There are many suggestions that a mediator could make to come up with a viable solution to your dilemma. You do not mention the age of your son, but it would be doubtful that you could take your son out of the country without your wife’s consent.  

Danvers Divorce Attorney Tracy Fischer provides divorce mediation services to couples seeking divorce.  She helps to create a parenting plan and assists with financial matters in the interim.   Attorney Fischer provides divorce mediation services in the Greater Boston area including the communities of Danvers and in the surrounding towns and cities including: Topsfield, Wenham, Beverly, Peabody, Hathorne and Middleton.