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Travel Letter - Notarized or Commissioned?

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  • Travel Letter - Notarized or Commissioned?

    I am preparing a travel letter for me ex to take the children on vacation. Can the letter be stamped and signed by a Commissioner or does it have to be notarized by a Notary Public?

    Thank you

  • #2
    I take my son to the states all the time and need to have a travel consent letter. This letter can be signed in front of a commissioner of oaths, notary, or lawyer. I have used a commissioner every time with no difficulty. I use the form from the Canada Customs website.

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    • #3
      All lawyers are notaries. A commissioner of oaths is just an individual registered with the government to swear statements.

      I highly recommend getting it notarized. It gives the letter extra weight.

      Call around to local law offices and find out if they notarize. Likely they all will. Some may even offer it as a free service to attract goodwill.

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      • #4
        All lawyers are notaries but not all notaries are lawyers. As I said in my earlier post, if it is sworn by a commissioner of oaths like I have done on numerous occasions, that is enough with the passports. Bring birth certificates for the extra clout. A commissioner of oaths will do it for little or no cost. 0 to $5 in my case. Go to the Canada Customs and immigration site and it will list the different ways to do it.

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        • #5
          Your local courthouse will offer free commissioning services. If you ask at one of the counters where people file documents someone will be able to assist you.

          A notary is not needed for that, although if it makes you feel secure, a lawyer could do it for $25-50.

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          • #6
            "We strongly recommend that you have the consent letter certified, stamped or sealed by an official who has the authority to administer an oath or solemn declaration, e.g., a commissioner for oaths, notary public or lawyer, so that the validity of the letter will not be questioned. Note that regulations concerning the administration of oaths fall under provincial/territorial law and are not determined by Foreign Affairs and International Trade Canada. Furthermore, it is up to each official/individual who witnesses such a letter to decide what proof he/she needs to see to be able to witness/sign the letter. An official should only witness/sign a letter of consent if he/she is convinced that the individual requesting the letter is who he/she claims to be and that adequate proof has been provided."

            The above quote is from the "Foreign Affairs and International Trade Canada" website.

            It is not mandatory to have any travel letter certified. It is your choice to do so. Some separation agreements stipulate that a Travel Consent Letter be Certified, and by whom. But, you don't have to.

            I have never had one certified, just witnessed by an indpendent third party when travelling to the U.S. The U.S. Immigration have asked for the letter and there has never been a problem with it. A phone number is always written on the consent so that the person who has given it can be contacted.

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            • #7
              I sent my child (17) on vacation to visit family. Travelled by plane. I was required (even though I have sole custody) to have a notarized letter stating my relationship to my child in case there was something from country returning from. I contacted the Canadian Embassy and they STRONGLY advise everyone to get a notarized form regardless of custodial positioning. To double check I called USA Embassy and they confirmed that any underage child can be detained in customs. The notarized letter was well worth the 40$ I paid for it. Saved alot of potential headaches. Take my child to airport and customs never looked at the form going either way nor did they look at custody order. They seen passport and then just assumed my child was of age until I pointed out to them that is not the case......GO FIGURE....and these people are guarding our borders??? Interesting for sure

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              • #8
                Having sole custody has nothing to with border procedures. The requirement is to prevent any parent, custodial or otherwise, from fleeing the country with the child or otherwise removing the child from Canadian jurisdiction.

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                • #9
                  Just last month I did consent for my child to travel abroad , it really is very simple unless ...you dont trust your ex at all when it comes to your child then I would simply not consent ,otherwise certifying such a letter in my opinion is not needed .
                  Here you can find the consent form:

                  Consent letter for children travelling abroad

                  Comment

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