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  • kat41
    replied
    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

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  • NBDad
    replied
    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.

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  • Tayken
    replied
    Originally posted by kat41 View Post
    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

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  • kat41
    replied
    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.

    Leave a comment:


  • wretchedotis
    replied
    Originally posted by littleman View Post
    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.

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  • littleman
    replied
    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.

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  • HammerDad
    replied
    Originally posted by littleman View Post
    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.

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  • NBDad
    replied
    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.

    Leave a comment:


  • NBDad
    replied
    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.

    Leave a comment:


  • littleman
    replied
    Originally posted by NBDad View Post
    Does your court order have a clause indicating that you are able to do so without the father's consent?

    If it does NOT, then technically you need it and you CAN be refused at the border if you do not have it. Just because it hasn't happened does not mean that it will not.

    LEGALLY I do not need it! I asked judge to be clear and he said that is why I was granted sole custody so I dont need to

    Children and Travel

    The only time you can get away with this is if you have a court order that grants you that right without the other parent's consent OR the other parent is deceased or their parental rights have been terminated.

    Again sole custody grants you this right.


    You are incorrect. As the current custodial parent you DO have a legal obligation to tell him if you are taking the children out of the country.
    I have a moral obligation but no legal to inform him of this EVER.

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  • NBDad
    replied
    I have sole custody of my child and with my court order presented at the customs I have never had issues. I have presented it in both driving and flying scenarios without a letter from the father.
    Does your court order have a clause indicating that you are able to do so without the father's consent?

    If it does NOT, then technically you need it and you CAN be refused at the border if you do not have it. Just because it hasn't happened does not mean that it will not.

    Children and Travel

    The only time you can get away with this is if you have a court order that grants you that right without the other parent's consent OR the other parent is deceased or their parental rights have been terminated.

    I tell the ex out of respect where we are going however there is no legal obligation for me to do so
    You are incorrect. As the current custodial parent you DO have a legal obligation to tell him if you are taking the children out of the country.

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  • littleman
    replied
    Originally posted by KeepSmiling View Post
    I think that it's not the "sole/joint custody" determination that allows you to you travel or not to travel without consent - it's the the fact that if the NCP has scheduled court ordered access (and a specific access schedule in a separation agreement is sufficient), then you cannot take the child away during any time that the NCP will be exercising their access.

    Now, if you get consent, then it's ok - but without consent .... could be trouble.
    Ex has liberal visitation rights which have NEVER been used. We just returned from trip and was NCP weekend there was no trouble, I had no letter of consent from father saying he was aware of travel either. See what I mean by jumping to conclusions. I have sole custody and he has EOW visitaton by court however I changed to liberal. I have never had issue taking him by car or by plane through customs and never will because I am sole custodial parent. 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)

    Leave a comment:


  • littleman
    replied
    Originally posted by Tayken View Post
    Agreed. Even if you have "sole custody" it doesn't allow you to take children out of the country unless your court order specifically states that.
    this is where you are absolutely wrong Tayken. I have sole custody of my child and with my court order presented at the customs I have never had issues. I have presented it in both driving and flying scenarios without a letter from the father. I tell the ex out of respect where we are going however there is no legal obligation for me to do so

    Leave a comment:


  • KeepSmiling
    replied
    Originally posted by littleman View Post
    having sole custody I do have the right to come and go as I please with my child and I dont have to notify the ex of our travels, I do however I am NOT obligated to do so. He cannot take our child out of the country however without notifying me in writing and having a letter of consent from me. That is the way that sole custody works.
    I think that it's not the "sole/joint custody" determination that allows you to you travel or not to travel without consent - it's the the fact that if the NCP has scheduled court ordered access (and a specific access schedule in a separation agreement is sufficient), then you cannot take the child away during any time that the NCP will be exercising their access.

    Now, if you get consent, then it's ok - but without consent .... could be trouble.

    Leave a comment:


  • littleman
    replied
    having sole custody I do have the right to come and go as I please with my child and I dont have to notify the ex of our travels, I do however I am NOT obligated to do so. He cannot take our child out of the country however without notifying me in writing and having a letter of consent from me. That is the way that sole custody works.

    Leave a comment:

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