Legal Question in Family Law in Virginia

Children flying unsupervised

Situation.... Ex husband lives in CA. Wife with custody lives in VA.

Husbands turn to have kids for Xmas this year, and wants the kids to fly accross the country unsupervised. They are 6 & 8, respectively.

Normally ex husband buys a third ticket for ex wife to fly accross country with kids, but this year the ex wife can't make the trip and the father refuses to fly to VA, pick up kids, and fly back.

Seperation agreement only calls for the father to provide transportation. But this seems unsafe, negligent, and irresponsible.


Asked on 10/26/08, 8:16 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Children flying unsupervised

It's probably unlikely that the airline would approve children this young flying across the country alone and unsupervised.

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Answered on 10/26/08, 9:35 pm
Ruth Emily Kochard Ruth Emily Kochard, Counselor at Law

Re: Children flying unsupervised

Here are my thoughts: Most airlines prohibit children under 5 from flying alone; most permit flying alone on a direct flight to over 12. In between there may not (depending on the airline) be a prohibition, though it may depend upon whether children are travelling together, or, if its a direct flight. Also, many (if not most) airlines have escorts that for a fee will "escort" your children on the flight. Finally, check out the US Dept. of Transp. (DOT) new guide on children flying alone. There is also useful advice from the Center for Missing Children website.

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Answered on 10/27/08, 2:28 am


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