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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 01-31-2018, 08:24 PM
momof2teenboys momof2teenboys is offline
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Default Travel consent for 16yo?

DS and I are booked to travel over March break. I've always requested his dad sign the travel consent form (with all the details) for any trip we've taken out of Canada. He always finds a way to make an issue and then lawyers get involved. Every. Single. Time.

And here we go again. I sent the form over with all the details and asked him to sign and return asap. He refuses. The reason this time - "he doesn't need my consent because he's over 16. I don't need to sign a letter because he doesn't need my consent." Of course the gov. of Canada website says differently. It states that a "child" needs consent and the travel consent letter is one version that is suggested. A "child" is under 18 or 19 depending on the province.

https://travel.gc.ca/travelling/children/consent-letter

Stbx still refuses. Says he's right and I'm wrong.

6 weeks until march break - do I need to get back to court to deal with this? Is there enough time?
DS tried talking to him and was told "I'm not withholding consent. you just don't need a letter." So he refused to do it for him too.
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Old 01-31-2018, 11:11 PM
kate331 kate331 is offline
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This is absolutely crazy that your ex wont do this for his son. What is the custody agreement, if you have sole custody, I would use that.
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Old 02-01-2018, 08:26 AM
momof2teenboys momof2teenboys is offline
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We have joint custody.

Our parenting agreement says "If either party plans a vacation outside of Canada with the children, the travelling party will confirm travel plans 14 days in advance and provide the other party with a draft letter authorizing the children to travel, for the other party to execute and return to the travelling parent in a timely fashion."

The first time I planned a trip with the boys (14 & 17 at that time) he gave me hassle about the letter I provided and then finally signed the form that I filled out from the gov. of canada site. And only then, because my lawyer sent it to his and threatened court. That took 3 months. The boys have been dealing with him directly ever since.

Eldest is now 20 and won't be joining us this time because of school/work etc. Younger son went out to dinner with him last night and gave him the form to sign. He refused. Gave him a lecture on being 16 and the "age of consent" and that means he's treated like an adult and doesn't need to get parental permission for ANYTHING.

I should add that the kids live with me. Youngest still goes out for dinner with his dad once week (although dad cancels a couple of times a month). He used to go over eow but he's been avoiding and coming up with excuses for the past 6 months.
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Old 02-01-2018, 08:35 AM
rockscan rockscan is offline
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This is sad because as soon as my partners ex asks he is responding and agreeing. Even though his ex provides sketchy details and the kids dont speak to him. It breaks my heart that there are such jerks out there.

Depending on where you are traveling you should be ok. Keep his emails in response to you if he states kid has his permission. Also make sure you have full itinerary and return flights available to show immigration.

I dont want to say that you won’t have issues but for many kids over a specific age, and going to a reciprocal country, immigration doesnt normally give you a hard time.

I would still send ex an email reminding him that this is something for the child and would hurt his child if he is denied travel and could he please try to be reasonable and work together.
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Old 02-01-2018, 11:17 AM
kate331 kate331 is offline
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What kind of passport does your son have? The Passport web-site say you can apply for and "adult" passport at age 16. You still have time to do that.
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Old 02-01-2018, 11:49 AM
momof2teenboys momof2teenboys is offline
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As far as I can tell all the passports - child or adult - are the same. The only difference is the application form as the child form requires parents signatures etc.
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Old 02-01-2018, 11:54 AM
rockscan rockscan is offline
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Just print his email and go on your trip.
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Old 02-01-2018, 12:58 PM
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blinkandimgone blinkandimgone is offline
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I believe at 16 he doesn't require a consent.
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Old 02-01-2018, 01:55 PM
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Quote:
We strongly recommend that Canadian children carry a consent letter if they are travelling abroad alone, with only one parent/guardian, with friends or relatives or with a group. For the purposes of this consent letter, a Canadian child is defined as anyone who is under the age of majority (18 or 19, depending on the province or territory of residence).
Remember... "Strongly recommend" != (does not equal) "requires".

Generally speaking. The child is 16 they can get their own passport without parental signatures under the general application process. So a 16-year-old can walk in and get one without either parent's consent.

https://www.canada.ca/content/dam/ir...df/pptc153.pdf

Consent for travel for a 16-year-old is NOT required. It is recommended. No one will bother with a 16-year-old traveling with or without a parent. (Unless they have significant special needs.)

Don't bother with the consent letter. Just go on the trip. A judge can't do anything for you. Don't even bother telling the other parent if the child is over 16 and it is on your access time with the child.
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Old 02-01-2018, 07:28 PM
ele110 ele110 is offline
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FYI. I have travelled out of the country many times and was never required to show a travel consent letter from the PO, even when the kids were very young.
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