Taking children out of country

[NBDad]

Do you have a court order that says that specifically? If not, then you are wrong and you DO have an obligation to inform him if you are removing the children from the country.

Failure to do so can be construed as purposeful attempt to deny the other parent a meaningful relationship with the child, which as the custodial parent is your legal as well as moral obligation. It's a form of alienation and CAN be used to reverse custody.

Short version: Unless you have a court document that specifically states you DON'T need the other parent's consent, short of their parental rights having been terminated or them being deceased, you need a consent to travel letter provided. If you don't you CAN be turned away at the border and the other parent can use this kind of behaviour to build a case against you to reverse custody.

[NBDad]

I have never had issue taking him by car or by plane through customs and never will because I am sole custodial parent.

Wrong.

In plain english this means I am main care giver for this child and legally ANY decisions on safety, medical, educational are solely my responsibility.

Short of a court order by your ex. However you ALSO have a legal obligation to inform him of any such major decisions. Any such major decision that he does not agree with, he retains the right to seek a court order to veto your decision. As such, it is your obligation as the custodial parent to keep him informed.

[HammerDad]

I have a moral obligation but no legal to inform him of this EVER.

As NBDad has stated, unless your court order otherwise specifically provides that you do not require previous consent from your ex, you DO require a travel consent letter.

My ex has sole custody per our agreement. She has been advised by customs and her lawyer that she needs the letter. I have always been cooperative as traveling is good for my D6.

What you seem to have is lax or sympathetic border guards who do not know the actual requirements for travel with children in circumstances like ours. It has nothing to do with sole custody, just guards that don't know the law.

[littleman]

Never once had to supply it nor have I even been asked.
I can even tell you for fact that you are wrong because my child and I have different last names and I havent even been asked/questioned as to our relationship.
I freely took my child to Las Vegas Nevada and didnt have a letter to state I could travel from the ex, I wasnt questioned or harassed at customs. I believe my son went through without me as a matter of fact with his passport in hand after I did.

[wretchedotis]

In plain english this means I am main care giver for this child and legally ANY decisions on safety, medical, educational are solely my responsibility. Financially we are jointly responsible. I do not exercise the full extent of the sole custody order because that is depriving our child and the exes rights as a father (just cause we are divorced he is still a dad that doesnt change and he loves hs child)

I don't know the actual answer here. I had thought that the custodial parent had no need of a letter. But considering the reaction this thought brought, I may have to go look it up.

However, please excuse the following, but in the quote I have included above...
I'm sorry, but that exact sentiment is whats wrong with the whole system. Even parents that are not "custodial" should have an equal say in the life of the child. Now obviously this is not always possible, and this is what the court system is for. I'm certainly not suggesting there are any easy fixes. But!

ahh.. eff it.
I guess I'm just spouting my own propaganda.
But sometimes I read things like this quote and can only shake my head.
How very magnanimous of you.

[kat41]

I have just obtained a passport for my son, joint custody situation. In the order it states must give 2 weeks notice and provide itinerary and phone numbers if I tak my son out of Ontario. I often go to Montreal it is only 1.5 hrs from Ontario and I have family there. I give my husband notice and address and give my cell as a contact #. I would have made this different for this location if I hadnt been so overwhelmed at the time, however he is pretty much ok with these trips. I am planning a 2.5 week trip to Europe this fall with both my brothers and their families as well as my uncle. A total of 6 adults and 6 children. We plan to visit Wales and England primarily and my uncle is taking us all as a gift. He is arranging accomodation, lot of people. I was told I need to have a lawyer to make sure I have prper consent completed. I dont want any problems, does anyone know if this is required? Years ago my parents lived and worked in Mexico city for 2 years. My dad went a month ahead and took my teenage brother with him, he said he had to have something completed by a lawyer even though my parents werent separated and my brother was in his mid teens.

[Tayken]

I have just obtained a passport for my son, joint custody situation. In the order it states must give 2 weeks notice and provide itinerary and phone numbers if I tak my son out of Ontario. I often go to Montreal it is only 1.5 hrs from Ontario and I have family there. I give my husband notice and address and give my cell as a contact #. I would have made this different for this location if I hadnt been so overwhelmed at the time, however he is pretty much ok with these trips. I am planning a 2.5 week trip to Europe this fall with both my brothers and their families as well as my uncle. A total of 6 adults and 6 children. We plan to visit Wales and England primarily and my uncle is taking us all as a gift. He is arranging accomodation, lot of people. I was told I need to have a lawyer to make sure I have prper consent completed. I dont want any problems, does anyone know if this is required? Years ago my parents lived and worked in Mexico city for 2 years. My dad went a month ahead and took my teenage brother with him, he said he had to have something completed by a lawyer even though my parents werent separated and my brother was in his mid teens.

Hi,

I would get the letter of consent notarized for the travel. That way it is way more official than just a signature from the other parent. It is easy these days to scan in a signature and print it off a very good colour laser printer. Even the cheaper ones at Staples can do this. Also, sign it in blue ink not black to make things even easier.

There are example letters on the boarder security website I believe. You don't need a lawyer to get the letter notarized. Also put as much detail as you can into the letter. That way the boarder guards don't feel you are hiding anything from the other parent.

Good Luck!
Tayken

[NBDad]

Never once had to supply it nor have I even been asked.
I can even tell you for fact that you are wrong because my child and I have different last names and I havent even been asked/questioned as to our relationship.

No, I'm right, you just haven't run into a border official that is doing their job correctly. If you come across one that is doing what they are legally supposed to, you shouldn't be making it past the border.

[kat41]

Thanks, it seems to be on the safe side I will have it notarized. A bit difficult to drtail everything although we will have an international cell, not me my brother for his job, so we can be reached and plan to make regular contact. As there has been a lot of bad blood in the last couple of years and my husband is now involved with CAS conditions resulting from OPP during his parenting will try to make it smooth. I certainly dont want my family further inconvenienced or upset given what everyone has had to put up with. Also I become very anxious and am working on overcoming this problem which developed to a great degree through the lengthy difficult separation/court etc.. Better to plan and enjoy our holiday together, my uncle is 85 so this is really important to us all. Thanks for input, I have read a lot but rarely posted on this forum