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Old 05-26-2013, 02:13 PM
Qrious Qrious is offline
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Quote:
Originally Posted by hadenough View Post
Do I really have to get his "permission/consent" to travel with my son ie: to the States, for a week? Ideally I'd like to get this clause struck, but given they don't see one another (and it's not looking like they will any time soon) - can I just apply for renewal of S15's passport myself and travel w/him, without being harassed by Customs? Unfortunately, son's surname is not the same as mine.

Thanks for any thoughts/advice.
Technically, I believe you do need to have written consent (preferably notarized) by the other parent. My S was 10 when X and I separated. For the first number of trips after that, I had a Travel Consent letter signed and notarized (you can find a sample on the Canada Customs website) by his father.

After a few trips, I only had the letter signed and didn't bother with having it notarized. After a few more, I stopped getting the letter at all and just carried a copy of the SA. My SA does not specify a consent letter to travel out of country, though.

In the last 5 years (my son is now 15), we have traveled to Mexico 3 times and to the United States a number of times (probably a couple dozen or more), most recently in March for one week. The trips to the States are usually just weekend trips, usually for hockey. NO ONE HAS EVER ASKED FOR THE TRAVEL CONSENT LETTER OR A COPY OF THE SEPARATION AGREEMENT. Ever. We do not have the same last name either. Some trips we drove, some we flew. It didnt make any difference.

X was always aware of our trips, however.

So, it is advised by the government that you have one as you can be denied entry into the other country. If you choose to travel without one, you do so at your own risk and own expense.

I believe you can also ask for a judge to provide consent if the other parent is refusing to consent without a good reason... Or maybe if contact with the other parent has been lost....?

My s15 and I both are both Nexus Card carriers now, too. We crossed the border once with these, with no issue.
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