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

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  #1  
Old 05-25-2007, 08:59 PM
Degagn Degagn is offline
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Hi,

Just a quick question.... Can the parent with whom the children reside take the children out of the country without the other parents consent? There is no custody agreement or any court order pertaining to custody in place as of yet.

Thank You
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Old 05-25-2007, 10:53 PM
logicalvelocity logicalvelocity is offline
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Degagn,

I posted a case at this thread
http://www.ottawadivorce.com/forum/s...=criminal+code

with similar circumstances as what you are describing.

However the parties in that case had custody and access orders in place.

If your in Ontario, If there are no orders from the court or separation agreement providing otherwise, Both parents currently have coextensive custody of the child. I would think they would need your permission.

Additionally, I believe customs and immigration officials would stop the individual at the border and request to see a notarized letter signed by the other parent including the ordinary of the child for the duration of the journey.

Apparently a court order for custody is not sufficient. This makes sense in regards to ready the posted case in regards to criminal code infractions.

lv
  #3  
Old 05-26-2007, 08:52 AM
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FL_Needs_To_Change FL_Needs_To_Change is offline
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LV is absolutely right, there needs to be a consenting letter, which must clearly describe how long the child will be out of the country, where the child will be residing during that time and with whom she will be residing. It must also include a contact telephone number.

Then the NCP must sign and agree to this. The child's primary residence info must clearly be on the document, so to must be your information right down to your telephone number. We have done this on numerous occasions, and the ex is "always" rather nice during this time frame. Hey, wonder if this would be a good time to ask to reinstate access as per the order? Just kidding!

Get the paper work done; otherwise the parent and child may be stuck in customs.
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Old 05-27-2007, 02:15 AM
logicalvelocity logicalvelocity is offline
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Degagn,

Here's another thread which includes a link to a government wwbsite on the topic of international travel and also a downloadable pdf form for your consideration.

http://www.ottawadivorce.com/forum/s...ead.php?t=2706


From the website:
Q: What documents should be carried by a child travelling alone or by a parent or guardian travelling with a child?

A: Foreign officials and transportation companies are vigilant concerning documentation for children crossing international borders. Make sure you carry the proper identification for yourself and any children travelling with you, including any documents that might be required by the authorities of the country you intend to visit, and by Canadian authorities on your return to Canada with the child. Generally, persons younger than 18 years of age could be considered children. Proper identification includes, but is not limited to, a valid passport for the child when travelling outside Canada. In addition, we recommend:

That a consent document or letter be carried to prove that the child has the permission of the absent lawful parent(s) or guardian to travel. This document should be specific to each trip and should include contact information for the parent(s) or guardian. A sample is provided for parents to use as a model to draft their own consent letter.


This consent document could be required even if the separation or divorce documents award custody of the child to the accompanying parent, but the non-custodial parent has legal access or visiting rights to the child.

In addition to the certified consent document from the absent parent, a copy of any separation, divorce or custody decree might be requested.

A child of divorced or separated parents who is travelling without either parent could use either one consent document signed by both parents or two separate documents.


If a legal guardian is accompanying the child, then a copy of the court order granting guardianship might also be requested.


If only one parent's name appears on the birth certificate, and the child is travelling with the other parent, then we also recommend that a certified copy of the child's birth certificate be carried.


If one parent has died, a certified copy of the death certificate could also be carried.
Remember that customs officers, as well as other authorities, inside and outside Canada are looking for missing children and may ask questions. Make sure you carry the proper identification for yourself and any children travelling with you. In addition to passports, proper identification could include, but is not limited to, birth certificates, citizenship cards, landed immigrant records and certificates of Indian status.


lv

Last edited by logicalvelocity; 05-27-2007 at 02:21 AM.
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Old 05-27-2007, 09:37 PM
dickstacie dickstacie is offline
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My son and I went to Florida for a month back in Dec-Jan to my parents house. I took two copies of a notarized letter, two copies of my order, his birth certificate and his health card. They didn't ask on the way down, but on the way back, they did ask for a copy of the order and one of the notorized letters. They took them at the airport when we came back into Canada...that's it. There were no issues with anything and they didn't make a big deal about it. It's fairly common.
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Old 05-28-2007, 11:10 PM
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littleman littleman is offline
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A few weeks back I took my child to USA for shopping (just a day trip).....got stopped at border had to produce custody papers and a letter from his father which I did not have.......even with sole custody I was turned back and denied entry into USA......trust me I was enraged.......where in gods name would I go with him........we were also with my parents in the same vehicle.......sometimes its a good thing however sometimes its hugely annoying and of course was disappointing to my child.......but thems the rules I guess
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Old 05-28-2007, 11:18 PM
mominont mominont is offline
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I think its hit and miss at the border.

Last year I took my daughter across the boarder for a day trip of shopping. They asked "where was my daughter's father" - I informed them, "That it was dad's day off and he was home sleeping, shopping wasn't his cup of tea". They let me through the boarder without any issues. The boarder officials really didn't know that me and my daughters father were no longer a "family" and I certainly didn't volunteer the information.

mominont
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Old 05-28-2007, 11:44 PM
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my child and I have different last names.....my child uses birth last name and I use my maiden name
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Old 05-29-2007, 12:01 AM
mominont mominont is offline
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My child has her dad's lastname (stupid mistake). I have a different lastname. We were not married, commonlaw.

mominont
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Old 06-03-2007, 09:23 PM
dickstacie dickstacie is offline
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My son and I go shopping with my parents for day trips over to the States in the summer. I have never been asked anything about my son from the Bridge Customs people. The only time I have been asked is on planes coming back into Canada.
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