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

View Poll Results: How Should We Proceed?
Serve & File A Motion of "Possible" Contempt ASAP 3 75.00%
Wait & See What Happens; Proceed With Motion if Required 1 25.00%
Voters: 4. You may not vote on this poll

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  #71  
Old 12-15-2009, 08:28 PM
today today is offline
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That is great "scared" but really this is a Canadian forum, the constant references to US customs are not very helpful here in most cases.

More importantly this thread has nothing to do with what are taking about.

You have been asked to respect the people of this forum by keeping on topic and keep US references out of your posts as they are of not much help here.

Thank you for your co operation and understanding.
  #72  
Old 12-15-2009, 08:34 PM
today today is offline
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I understand "scared" however this thread is about NCP paying extra day care in order to gain access for a trip, we look forward to your comments on that subject.

You will fnd that answers to StepMoms questions regarding travel consent has been answered in another forum.

Feel free to post there if you insist.

Last edited by today; 12-15-2009 at 08:37 PM.
  #73  
Old 12-15-2009, 08:41 PM
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It is quite evident that stepMom is well aware of the conditions of travel wth a child, once again that is not the purpose of this particulr thread.
  #74  
Old 12-15-2009, 08:57 PM
Mess Mess is offline
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We've travelled several times within the last two years.

The letter of consent is not a requirement of Ontario or Canadian law for travel. The parents do not legally need her consent to travel. The letter is a requirement by airlines when children are travelling with 1 parent and you will almost always be asked for the letter by the airline (even travelling within Canada). The airline can and will refuse to board you if you don't have the notarized letter. This is true even if you are still married and one parent is just travelling with the child.

It's fully possible to cross the border by car without being asked for a letter, but it's true that it is a good idea to have one. If you don't have the letter you are not breaking any laws, but you can be delayed if the border guards want to investigate your status. The letter is to enable a fast, smooth, hassle-free border crossing. It is not a legal requirement.

For the Original Poster, traveling as a family, with a father and step-mother, if they all have the same last name, they have nothing to worry about, they are no different than a bio family. They do not need the ex's consent to travel and there is nothing in a full family that would raise a flag and call for an investigation at the border.

If the ex tried to claim kidnapping the ex would be criminally charged for mischief and harrassment, this would be one of the stupidest possible things she could do. Mind you, it doesn't seem to stop her from acting stupidly on lots of issues, like asking for money for the letter.

Ironicly she can probably get away with refusing the letter if she doesn't get paid, for the express reason that it is not a legal requirement for travel. She's not legally required to go out of her way to make things more convenient. She certainly has no legal right to stop the family from travelling, but she isn't doing that simply by refusing the letter. That doesn't mean I support her actions in any way, I think she is an ass.
  #75  
Old 12-15-2009, 09:12 PM
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Ok since this thread has now become one about travel consent, I Will add that as a Father I recently traveled with my two children and my girl friend with her two children. We checked in at the airport counter (Montreal) and no request for any type of consent from my children's Mom or my partners Dad.

We both had consent forms ready to present if requested. This is in October this year and never once during the trip were we asked for our letters of consent.

I still find it odd no one here or abroad requested any consent. We are a blended family who does not share the same address or city of residence.

When we travel again I will certainly ensure that I have a letter of consent just in case.
  #76  
Old 12-15-2009, 09:12 PM
canniiee canniiee is offline
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Quote:
Originally Posted by scared1 View Post
Ok, i have to ask when you all last came to the Us. There are new rules in place of this year.
The Embassy of the United States of America - Canada
he took them in August. Just because there is a law, doesn't mean border officers will necessarily follow them all the time...
  #77  
Old 12-15-2009, 09:15 PM
Mess Mess is offline
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There's nothing in those rules about a letter of consent, it's all about passports. Children under 16 only need a birth certificate according to that link.
  #78  
Old 12-15-2009, 09:24 PM
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I'd like to add that for me personally it is simply a precaution to avoid any possible issues, I'd do it again to ensure a problem free trip.
  #79  
Old 12-15-2009, 09:46 PM
#1StepMom #1StepMom is offline
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The bottom line is that she HAS to provide the travel consent, because it's written in the court order that if either parent wishes to travel with the child outside of Canada, the other parent must sign and provide all required documentation.

The court order also states that daycare costs are to be shared in proportion to income, as those expenses arise.

My stepson's mom, however, is holding the consent letter "hostage" until my husband agrees to pay her 100% of the daycare costs during his vacation, which is also his court-ordered and agreed-upon access.

THAT is the issue we're trying to resolve.

We have encouraged her to take the necessary court action by filing a Motion to Change the current order with regards to daycare expenses, and we have confirmed that we will pay our proportionate share of the daycare expenses subject to a court order to the contrary... which means that if she takes it to court and "wins," we will pay the new court-ordered amount.

The problem is that she doesn't want to wait until after our vacation to resolve the issue properly in the proper legal way. She wants to extort the money from my husband and I now, before we go on holidays. And she is trying to do so by refusing to sign the travel consent.

THAT is the issue I'm trying to get advice on.
  #80  
Old 12-15-2009, 10:37 PM
independentgal independentgal is offline
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Why is it that you cannot bring your own motion to force her to sign the permission to travel. The courts are full of these exact scenarios right now. It is a short motion. It requires maybe 5 paragraphs in an affidavit. I have never heard of the court list being full to the point that they do not accept short Motions.

That is what you need ASAP.

You are never going to get what you need without at least serving her with a contempt motion and supporting affidavit. Even if the court date is AFTER the trip, you will get very far with the judge who will hear the motion if he sees you tried to fix this prior to your scheduled vacation. Make sure you put any non-refundable costs of the trip, and state the impact this will have on the child's well-being because they are aware of the vacation and looking forward to it.

If she has anything between the ears, just reading the motion and affidavit will scare the crap out of her! If she doesn't comply with the Court Order it is contempt. Plain and simple. You can put a transcript of her voicemails, copies of her emails in it etc. It will read so beautifully that she will have no choice but to comply.

Make sure you serve her personally, as a contempt motion has a potential for jailtime and the Family law rules insist on personal service(even if they have a lawyer).

Do it. It will work. Good Luck!
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