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Consent requirement not on order - do we need it?

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  • Consent requirement not on order - do we need it?

    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.

  • #2
    sometimes new Orders simply replace one clause or another of the original Order but the remainder stays in force. Read it very carefully.

    Comment


    • #3
      Arabian: that was my take on it.

      Agreement 1 has a section that's headed. Custody and Access. In that section there is a clause that states consent to travel will be readily given and the traveller will let the other parent know where and when and a contact number etc.

      Agreement 2 states that for purposes of access it replaces the previous agreement.

      So is consent to travel access or custody?

      I think it's still in effect. Hence my question.

      Comment


      • #4
        If its in that section that the new agreement replaces then I agree with Arabian.

        If not the other agreement states it wont be withheld.

        Comment


        • #5
          It's not in the new agreement. It's in the first agreement under the heDing Custody and Access. The new agreement is only for the purposes of custody and Child Support.

          So is the clause in the first agreement t upheld or not?

          Comment


          • #6
            My order says that consent will not be unreasonably withheld, the form/content, notarized, who bears cost, and gives a timeline for requesting&providing. It does not explicitly said it is required.

            I'd assume it is required unless explicitly stated otherwise.

            Comment


            • #7
              If a modified/updated order doesn't specifically spell out a new section on travel, I would think the old one still holds. It sounds like the modification was just to the regular schedule?

              Comment


              • #8
                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.
                In the absence of an explicit order that consent is "not" required for travel, you are going to need consent from the other parent.

                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.

                I would obtain the consent prior to travel if the order is silent on the matter. I wouldn't risk being stopped and not being able to provide hard evidence that you are indeed able to travel with the children without the consent of the other parent.

                Good Luck!
                Tayken

                Comment


                • #9
                  Thank you. That was
                  My take on the issue. Just wanted some
                  Confirmation

                  Comment


                  • #10
                    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.

                    Comment


                    • #11
                      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...)

                      Comment


                      • #12
                        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....

                        Comment


                        • #13
                          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.

                          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.

                          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.

                          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].

                          Comment


                          • #14
                            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?

                            Comment


                            • #15
                              Yes trip went ahead and no one at either border asked.

                              Comment

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