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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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Old 08-04-2011, 06:10 PM
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Default joint custody & crossing the border - what do I need?

Hello, I share joint custody with my ex-wife, shared 50/50.

If I cross the border into the US, what documentation do I need (other than passports)?

I have been told that I need to have a letter from my ex-wife stating that she is OK with me bringing the children into the US for a vacation. OK, so the last 18 months or so, I've gone maybe 5 or 6 times with them into the US.

It never has been an issue (the US border guy has never asked about my children, custody etc.). Well the most recent time, the US border guy has said that I need to have a notarized letter, and that a personal letter was meaningless. He let us go, but basically threatened me that next time I better have more official documentation.

So then what documentation do I actually need? Do I need to get my ex to write something up, then get the lawyer to notarize it or something?
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Old 08-04-2011, 06:37 PM
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She needs to write a letter and then take it to the court house and the clerk can notarize it for her.

Essentially it gets a little stamp that it's a truthful document.

Technically you are supposed to have it, and you CAN be refused at the border if you get the one stickler for the rules.
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Old 08-04-2011, 07:44 PM
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Check the BOrder Services Website, they have a format of the letter for parents to fill out for the parent who is bringing the children across the border.
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Old 08-04-2011, 09:19 PM
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It's not that complicated, if you are in Ontario you can pm me and I'll send you a pro forma affidavit.

You should complete one for each time you take the kids out of the country. She has to sign/ consent the affidavit in front of a notary/lawyer and have it notarized. Standard fees in my area at a lawyers office for this are $50.
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