Traveling to the beach is all about sun, sand, and fun — but for divorced parents, planning the summer is no vacation when there are differing views on COVID-19 vaccinations and travel during the pandemic.
Co-parents with clashing views may find themselves in a deadlock once a coronavirus vaccine is approved for children under 16. For co-parents with a 16 or 17-year-old, they are already in the thick of the debate. Plus, there is the current battle over whether the kids should go on a summer vacation and be in close contact with friends or family members who haven’t been vaccinated. And what about the new variants spreading rapidly across the country?
The Big Questions — Vaccinations: do we or don’t we? Vacations: can we or can’t we?
“If divorced parents don’t share the same views on these hot topics, it is important to try to find common ground, even when it may be challenging,” says Alan Plevy, family law attorney at SmolenPlevy. “For instance, a compromise could be changing destinations from a crowded beach and instead going to a lake where there are fewer people.”
Decisions about vaccinations depend on the type of child custody established by the court or your custody agreement. Plevy explains, “Parents with sole legal custody have the exclusive right to make that decision for a child under 18. For joint legal custody, parents must share the decision-making authority and come to a mutual agreement regarding matters involving the child’s health. However, an unresolvable debate over vaccinations may require judicial resolution.” Legal assistance can be through a mediator to help the co-parents respectfully reach a resolution or through a judge’s ruling in court.
But don’t expect to take your ex-spouse to court over vacation or travel plans. “With vacations, the schedule is normally written into the custody order and should be followed no matter the state of the pandemic,” says Kyung (Kathryn) Dickerson, family law attorney at SmolenPlevy. If the court order allows them to travel with the kids, it’s within their right– even if you aren’t comfortable with travel during the pandemic.
More on how it all works
“During this time, parents need to work together. While there are court orders that need to be followed, this is a unique time, and maintaining patience and understanding during joint decision-making is key,” says Dickerson. She has the following tips for how to handle disagreements when planning a vacation during the pandemic:
- Assess Your Child’s Risk Level – “The most important thing to keep in mind is you want to maintain the child’s safety,” says Dickerson. Check with their primary care physician and review local and destination guidelines before booking a trip.
- Start Communicating: – Now is the time for people to start thinking about summer custody and vacation plans. However, before making any decisions that stray from the custody schedule, it is best to get guidance before you act. A family law attorney can help you through the process of working with your ex-spouse on these sudden changes. Correcting your custody arrangement later on is a lot more challenging.
- Set Vacation Expectations – When vacation plans are agreed upon, communicate with your co-parent about standards you both want to be maintained on the trip, including modes of transportation, mask-wearing, and social distancing. Creating a plan ahead of time that includes any pandemic-related details will help avoid confusion or an argument.
Each family will encounter a different set of circumstances regarding vacations and vaccinations. It is essential to consider your individual child when making joint decisions. Maintaining flexibility and open lines of communication are necessary for co-parents as they navigate another summer vacation season during a global pandemic and the imminent vaccination debate.
If you have questions about how to navigate child custody disagreements during the COVID-19 pandemic, please contact Alan Plevy at abplevy@smolenplevy.com or Kyung (Kathryn) Dickerson at kndickerson@smolenplevy.com.
About Alan Plevy:
Alan Plevy is a recognized force in family law, mediation, and litigation, with over 40 years of experience as a family lawyer in Fairfax, Virginia. As one of the most experienced divorce lawyers in Virginia, he has vast expertise in all issues requiring resolution in matrimonial actions including property settlement agreements, custody and visitation issues, and child support.
About Kyung (Kathryn) Dickerson:
Kyung (Kathryn) Dickerson is a member of the Bars of Virginia and the District of Columbia and is admitted to practice before the U.S. Court of Appeals – Fourth Circuit, U.S. Bankruptcy Court – Eastern District of Virginia, and the U.S. District Court – Eastern District of Virginia. Most recently she was recognized as Virginia Business Magazine’s ‘2020 Legal Elite’ for the second consecutive year for her work in Family Law & Domestic Relations.
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