Can I go on vacation with an open CPS case?

Asked by: Griffin Ryan  |  Last update: January 23, 2026
Score: 4.1/5 (32 votes)

You cannot leave the country if you've been court ordered not to leave. If CPS has removed the children and are in their custody it would be kidnapping. If CPS does not have custody, they cannot tell you not to return to your country but they can suggest it so the case can be closed.

Can you travel if you have a CPS case?

As long as there is an active CPS case and visitation has been suspended, yes.

Can you leave the state with an open CPS investigation?

In general unless the CPS order itself states that you cannot relocate, you can move out even if CPS has an open investigation. You generally might not be permitted to move with the child if you have custody, and/or CPS of your state may contact CPS of the new jurisdiction and notify them of the investigation.

Can you leave the state with an open case?

As a general rule you can move as long as your movement is not restricted by a court order. If you are under investigation and have not yet been charged, there probably is not an order yet. With that said, there can be ramifications for trying to avoid prosecution, of course, if that is the intent.

Does an open CPS case show up on a background check?

If the CPS investigation is “founded,” and charges have been filed, it will appear on a criminal background check and CPS records. If the case finds no wrongdoing, it will not appear on a criminal background check but will remain on CPS records.

Is CPS Allowed to Take Your Children on Vacation?

33 related questions found

How long do most CPS cases last?

Generally, the initial investigation lasts 45 days. If the investigation extends beyond this period, the agency must notify the family, and document their justification for an extension past the initial 45 day period. At the conclusion of the investigation CPS will notify the parents in writing of their decision.

What does it mean when CPS red flags you?

Q: What Does it Mean When CPS Red Flags You? A: A “red flag” from CPS indicates that the agency has identified concerns during an investigation that require further attention. This could include potential abuse, neglect, or other issues compromising a child's safety and well-being.

Can you travel with a open case?

Your attorney can file a motion for you and petition the court to allow you to travel whether for work purposes or if you had a vacation planned out for a while.

Why would CPS reopen a case?

The agency may use any excuse to reopen your closed case if something that could endanger the child is brought to its attention. Financial concerns. Many families end up being investigated by CPS when they fail to provide a stable environment for their children.

Can CPS remove a parent from the home?

In extreme situations where a parent is seen as a significant risk to the child's safety, CPS might recommend removing that parent from the home. This decision is typically made in collaboration with legal authorities and often involves the court system.

What not to say to CPS?

If you decide to talk to CPS, you only need to answer questions about the allegations they are investigating. You do not need to talk about private medical or mental health information that is unrelated to the allegations. And you do not need to share information about your immigration status with CPS.

How do you get a CPS case off your record?

If the court finds that child abuse and/or neglect has occurred, you must wait five years from the court finding (called the “adjudication”) of abuse and neglect to request to seal your record.

Can CPS drug test you at home?

CPS can request a drug test, but individuals generally have the right to refuse. However, refusing to comply with CPS requests may have consequences, including potential removal of the child from the home. It's crucial to carefully consider the implications of refusal and seek legal advice if uncertain.

What happens if you leave state with an open CPS case?

The case will stay open, by law it has to, until it is completed. They will find you, even if you chose to move to another State. If you move, an assist will be requested and generally accepted. The Federal Government has a system in place to assist in locating families for CPS.

Can you travel if you have a court case?

The judge will determine if you have a valid reason for traveling out of the country and whether you have a history of failing to appear in court. If the judge determines that you have a valid reason for traveling, the judge will issue a travel order that allows you to leave the country.

What happens if you ignore CPS?

Ignoring or refusing to cooperate with CPS can lead to serious legal consequences. These may include fines, probation, or in more severe cases, the loss of child custody. Understanding the severity of these legal ramifications is critical for informed decision-making when dealing with CPS.

How fast can a CPS case be closed?

In most instances, CPS will send you a letter to inform you that they have closed the case. They usually send this letter within 90 days after the investigation. You also have the option to follow up with CPS to check the status of your case. Make sure to record your correspondence with CPS.

What can cause a case to reopen?

Circumstances that May Warrant Reopening a Case Despite Settlement Agreement
  • New Evidence. ...
  • Fraud or Misrepresentation. ...
  • Mutual Mistakes. ...
  • Change in Circumstances. ...
  • Gathering Evidence. ...
  • Insurance Company And Negotiations. ...
  • Consulting With a Personal Injury Lawyer.

Can CPS file criminal charges?

It's a question that many parents ask: can CPS call the police? The answer, unfortunately, is yes. Under California Welfare and Institutions Code section 300, child abuse and neglect can lead to juvenile dependency and criminal cases.

What is considered an open case?

Open case: A case that has one or more issues outstanding that require active resolution by the court. OPN-CPSOpen case in INT/INVWhen an Open case is found involving an OPN-CPS the intake report is merged to the OPN-CPS case and primary responsibility for the report is assigned to the district where the case is open.

Can you travel while having a pending case?

Although courts usually allow criminal defendants to travel if they have certain misdemeanors pending, the situation is different for anyone charged with a crime that is a felony offense. This is true even if you commit one crime that is a misdemeanor and another crime that is a felony.

Can you travel with an open warrant?

In the United States, both arrest warrants or individuals with arrest warrants are typically unable to fly, as the TSA can access a database of such individuals. However, rules may differ in other countries, like Canada, where flying with it might be possible.

Does CPS look around your house?

Yes, CPS can search your home if they have consent, a court order, or exigent circumstances. They look for signs of neglect, unsafe living conditions, illegal drugs, and other hazards that could compromise a child's safety.

Does CPS look at social media?

You can expect that part of the investigation will involve looking at your social media accounts. With this in mind, you should not only avoid posting new information on social media, but you should also shut down your existing accounts, so they are no longer public.

What is CPS behavior?

Collaborative & Proactive Solutions (CPS) is the evidence-based, trauma-informed, neurodiversity affirming model of care that helps caregivers focus on identifying the problems that are causing concerning behaviors in kids and solving those problems collaboratively and proactively.