Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 08-21-2012, 12:34 PM
Banned
 
Join Date: Mar 2010
Posts: 208
danzuchy is on a distinguished road
Default Travel without permission

Our parenting plan (made into a court order) has specific limitations on travel. Ie. if you leave the country you need the permission of the other parent.

My spouse has taken the child in and out of the country a few times (don't ask how she got across the boarder- I don't know- I suspect a forged consent form). What can I do about this?
  #2 (permalink)  
Old 08-21-2012, 12:40 PM
Senior Member
 
Join Date: Apr 2011
Posts: 2,809
Pursuinghappiness will become famous soon enough
Default

Are you talking about trips across the US border?

If so, they generally don't ask for consent forms from parents...although it would be prudent to have one in the rare instance they do.

I can tell you in that in over 20 years of travelling with my own children often across the border, I've never been asked.

Why do you want to do anything about this? If she's taking short trips to the US for shopping, etc...is that a big deal to you?
  #3 (permalink)  
Old 08-21-2012, 12:47 PM
Banned
 
Join Date: Mar 2010
Posts: 208
danzuchy is on a distinguished road
Default

Quote:
Originally Posted by Pursuinghappiness View Post
Are you talking about trips across the US border?

If so, they generally don't ask for consent forms from parents...although it would be prudent to have one in the rare instance they do.

I can tell you in that in over 20 years of travelling with my own children often across the border, I've never been asked.

Why do you want to do anything about this? If she's taking short trips to the US for shopping, etc...is that a big deal to you?

It's a breach of contract. If they weren't willing to abide by one why even have it? Today this, tomorrow something else and there are kidnapping concerns. That's why the OCL put those clauses in there
  #4 (permalink)  
Old 08-21-2012, 12:55 PM
Senior Member
 
Join Date: Apr 2011
Posts: 2,809
Pursuinghappiness will become famous soon enough
Default

I suppose it may be particular to your case...however, my ex and I travel constantly across the border for day trips etc. I do a lot of shopping over there and my new partner lives there.

I guess you have to decide whether its a big enough deal to make an issue of.
  #5 (permalink)  
Old 08-21-2012, 12:57 PM
Banned
 
Join Date: Mar 2010
Posts: 208
danzuchy is on a distinguished road
Default

Quote:
Originally Posted by Pursuinghappiness View Post
I suppose it may be particular to your case...however, my ex and I travel constantly across the border for day trips etc. I do a lot of shopping over there and my new partner lives there.

I guess you have to decide whether its a big enough deal to make an issue of.

Thanks but I wasn't asking about your situation. I was asking about mine but thanks for hijacking the thread. Maybe you can tell us about your dinner tonight.
  #6 (permalink)  
Old 08-21-2012, 01:15 PM
Senior Member
 
Join Date: Apr 2011
Posts: 2,809
Pursuinghappiness will become famous soon enough
Default

Quote:
Thanks but I wasn't asking about your situation. I was asking about mine but thanks for hijacking the thread. Maybe you can tell us about your dinner tonight.
Sigh...

My point obviously was that a lot of people make day trips across the border....sooooo are you really afraid of abduction or are you trying to make an issue out of something that isn't?

Only you can answer that question...if its a big enough deal to go to court over..then go.

Bottom line, the border probably won't ask her for any consent slip.
  #7 (permalink)  
Old 08-21-2012, 01:42 PM
Senior Member
 
Join Date: May 2010
Location: Hamilton
Posts: 3,726
HammerDad will become famous soon enough
Default

Do you have proof of such border crossings aside from hearsay?

If you have proof, you may have enough ammo to file for contempt. However, know that if these trips were for shopping etc or would likely be deemed in the childs best interests, your ex would likely get a mild slap on the wrist with a wet noodle and asked not to do it again.

Further, unless you have legitimate fear that the children could/would be abducted, you don't have much argument of why they shouldn't cross outside that they did contrary to the order.

I assume your ex and the kids have the same last name? If so, it makes it easy for them to cross. They don't question much when the names are the same.

You could send your ex an email advising her that you know there have been border crossings without your consent. Remind her of the clause prohibiting such and that both parents should always been informed of such crossings and their previous consent obtained. That you are not adverse to her making such crossings, and will be reasonable in providing your consent.
  #8 (permalink)  
Old 08-21-2012, 01:59 PM
Senior Member
 
Join Date: Jan 2008
Posts: 285
singledad99 is on a distinguished road
Default

They don't normally ask mothers to provide the consent whether to US or other international destinations. This is because mothers never abduct the children, only fathers do.[sarcasm]

Obviously, the clause was inserted in the agreement for a reason. Whether or not the OP has any fears of abductions the agreement should be adhered to all the times. Otherwise, why waste all the time in doing agreements and court orders and why even provide access or pay support etc. if no one is going to respect them.

I would suggest you send her a formal warning and if she continues to breach the agreement bring the matter to the court. I think if you let Canadian Border Services know that there is a mobility restriction on the children involved they can flag the passport numbers accordingly. (not sure about this though)
  #9 (permalink)  
Old 08-21-2012, 02:07 PM
Senior Member
 
Join Date: Apr 2011
Posts: 2,809
Pursuinghappiness will become famous soon enough
Default

Actually, they generally ask neither the mothers or fathers for consent forms.

You can attempt to call border patrol...you have a chance of getting a hold of someone who might help you if you have ID numbers...but more than likely, they won't do much....they get these requests often and deal with real Amber alert issues...but you can certainly try.

Again, bringing this issue to court is an option if you have evidence of the trips that were taken. However, what is the intent here. If she's making day trips for shopping etc (and a lot of people are, due to the dollar rate)...is bringing a motion worth it?
  #10 (permalink)  
Old 08-21-2012, 02:12 PM
mcdreamy's Avatar
Moderator
 
Join Date: Jul 2011
Posts: 1,414
mcdreamy is on a distinguished road
Default

How old are the children?


and pursuing - what is for dinner tonight? I'm stumped.
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Permission to travel with the kids mykidsfirst Divorce & Family Law 14 03-21-2012 09:56 PM
Permission to travel form-who pays for notarizing? independentgal Parenting Issues 26 12-28-2011 10:09 AM
New proof of parentage requirements for a child's travel document application WorkingDAD Parenting Issues 3 12-08-2011 07:51 AM
wife took son without travel permission mannaguy Divorce & Family Law 12 01-05-2011 02:06 PM
Permission to travel with child AnginMJ Parenting Issues 3 10-11-2007 12:29 PM


All times are GMT -4. The time now is 04:20 AM.