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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #11 (permalink)  
Old 09-10-2017, 07:46 PM
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Originally Posted by CoolGuy41 View Post
Tayken is incorrect. If she has the kids, their passport, and at least joint custody, there is nothing (short of getting a court order) you can do to stop her from crossing the US border. A border guard can stop her but it is at their discretion.
How am I "incorrect"?

Just because you can sneak by a lazy border guard doesn't mean they all are. In fact, airlines will check too. Yes, many people drive over the border and the guards are lazy but, all it takes is one properly trained one to screw up a vacation.

Risk isn't worth it.

Also, the other parent can make 1 phone call to the US border services and make it a horrible mess. It doesn't take much to put a travel alert on someone. I provide the instructions to a parent at least 1-3 times a month. So far it has had a 100% success rate of blocking their non-consented travel and them being turned back.

(Note my handle on this site... Tayken aka "taken". Stopping parental child abduction is my thing...)
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  #12 (permalink)  
Old 09-11-2017, 12:28 AM
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Originally Posted by CoolGuy41 View Post
Tayken is incorrect. If she has the kids, their passport, and at least joint custody, there is nothing (short of getting a court order) you can do to stop her from crossing the US border. A border guard can stop her but it is at their discretion.

A friend of mine at CBSA stated that you can contact them if you have concerns that a spouse could leave without consent. Down fall is the children will always be flagged at the airport do to their names on a list....
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Old 09-11-2017, 12:52 AM
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Originally Posted by Tayken View Post
How am I "incorrect"?
"Incorrect" was maybe a bit too strong of a word to use because you are correct to say she is risking a vacation if the border guards do block her. But I still think you gave the person asking this question a false sense of security.

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When your order is silent then the person on the incoming border is not going to assume you can travel with the children without consent.
The US border guards do not know or care what your separation agreement says. I cannot picture the ex-wife showing the agreement to the boarder guards in the circumstances described, so in for all intents and purposes the agreement is irrelevant.

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Risk isn't worth it.
That depends. Jeopardizing non-refundable flights might not be worth it. But if she were to only be driving down for a day trip and gets turned away she would only be risking some time and cost of gas. To some people the risk of wasted time and gas is worth the reward of sticking it to the ex by demonstrating that she does not need to ask. Note that attempting to cross this way is not illegal.

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Also, the other parent can make 1 phone call to the US border services and make it a horrible mess. It doesn't take much to put a travel alert on someone.
No they can't. I have personally made that phone call and was told (imagine an American accent here) "we cannot do it [stop her from crossing]; it's that simple." Now and then my ex drives my kids from BC to Washington state without my permission [shrug].
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Old 10-03-2017, 10:50 PM
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Originally Posted by Beachnana View Post
The current agreeement no longer has the consent to travel requirement clause so does Mom still require it?

She has the passport and child lives with her? She has Return air tickets for a 5 day US trip.
I am curious. Did the trip to the US happen? Was it without Dad's consent?
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Old 10-06-2017, 12:40 AM
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Yes trip went ahead and no one at either border asked.
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Old 10-06-2017, 10:46 AM
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When we took my step kids and brother to Puta Cana we had all the letters and SA... we were not asked going or coming back for the letters despite traveling with 3 kids


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