atlanticcanadian
New member
Just a suggestion
Just a suggestion
Maybe she didn't tell them you were separated.
Just a suggestion
Maybe she didn't tell them you were separated.
Just found out she went to the States, WITH THE KIDS!!!!
- Thread starter Heart-broken dad
- Start date
- Status
bigboysdad
New member
hp dad
hp dad
Did u get an answer to ur question????
Leagally, i BELEIVE that a travel waiver IS a requirement for under age kids of divorced parents to travel,,,,signed one myself.It is a requirement for entry into canada in the same situation,,,,got around it that time.
A lawyer or notary can make this document for about 30 dollars."They" want u to have one for each time ur kids travel.I gave my ex a "blanket" waiver for all future travel,,, 30 dollars from notary.
If u do or do not get questioned or get around this,that's another story.
hp dad
Did u get an answer to ur question????
Leagally, i BELEIVE that a travel waiver IS a requirement for under age kids of divorced parents to travel,,,,signed one myself.It is a requirement for entry into canada in the same situation,,,,got around it that time.
A lawyer or notary can make this document for about 30 dollars."They" want u to have one for each time ur kids travel.I gave my ex a "blanket" waiver for all future travel,,, 30 dollars from notary.
If u do or do not get questioned or get around this,that's another story.
There is no law against taking your children across the border for a vacation, as long as there is not court order prohibiting travel because a parent is a flight risk. The reason you need a letter from the other parent is that a border official MAY decide to hold you up if they have any reason to be suspicious. The letter will allow unimpeded crossing if your 3 year old happens to start crying "I miss Mommmy!!!"
Also, airlines have their own internal rules for checking for travel permissions and they may deny boarding if they are suspicious. There is no legislation that specifically prohibits travelling with children, it is all situational and the notarized letter (I provided one for my ex for a vacation) is to prevent problems, not because legislation requires it.
Also, airlines have their own internal rules for checking for travel permissions and they may deny boarding if they are suspicious. There is no legislation that specifically prohibits travelling with children, it is all situational and the notarized letter (I provided one for my ex for a vacation) is to prevent problems, not because legislation requires it.
Tayken
Well-known member
Hopefully, one day legislation will require it.
Some food for thought on the topic:
NEWS UPDATE:
This Friday JULY 13, 2012 a Judge of the Canadian Criminal Courts in Newmarket, Ontario will make make a ruling if the Grandfather, Tadeusz (TED) Ustaszewski, is guilty of assisting his daughter in the in the International Parental Child Abduction Case of Alexander & Christopher Watkins also known as the "Watkins Missing Children".
It will be held in Room 202 at 2:15pm in the Superior Courts in Newmarket, Ontario, Canada.
Prior to June 1st, Tadeusz (TED) Ustaszewski lawyer tried to file an 11b Application in the Newmarket Criminal Courts citing un-due delays to complete the criminal proceedings and that the charges should be dropped. Information provided by the Courts Victim Services Office explains that Tadeusz Ustaszewski had been stalling the courts for years either by firing his lawyer or bringing in doctors notes saying that he could not attend the criminal trial. On June 1st the Criminal Court Judge stayed the charges and the criminal proceeding continues on June 22 in room 106 at 9:30 in the Newmarket Criminal Courts.
There has been NO further action on Tadeusz Ustaszewski for the International Child Abduction of the two Watkins boys and he has been free since his arrest on only a “Promise to Appear” agreement. There was NO incarceration or bond set in this case.
The Grandfather was charged in International Child Abduction while the boy Father, Stephen Watkins, continues to fight in the Polish Courts for the return of his two Canadian Missing / Abducted children. ALEXANDER & CHRISTOPHER WATKINS, were abducted internationally from Canada into the United State then to Europe with the use of a "Canceled" Canadian Passport by the non-custodial Mother, Edyta ( Ustaszewski / Ustaszewska ) Watkins. The Abducting mother's Canadian Passport had been confirmed Canceled by the Ontario Government and confirmed by the Ombudsman of Passport Canada 42-Days prior to the abduction of the Watkins Children. The children's Canadian Passports were Ordered by the Courts to be handed over repeatedly, with the non-custodial Mother refusing to comply.
Their grandfather, Tadeusz (TED) Ustaszewski is charged by York Regional Police (YRP) with assisting in this International Child Abduction and the children's disappearance. He solely picked up the boys at their schools in Newmarket for a supervised weekend visit with their non-custodial mother but instead drove all of them across into the United States and left them at a Tim Horton’s coffee shop before returning alone to Canada. The boys were to be brought back to their school in Newmarket the next day as he had previously done many times before.
(Previous News Report)
GLOBAL NATIONAL NEWS: Missing Children - International Child Abduction - Canceled Passport Used
GLOBAL NATIONAL NEWS: Missing Children - International Child Abduction - Canceled Passport Used - YouTube
Follow the “Watkins Missing Children” case and more info can be found here:
FB: Watkins Missing Children | Facebook
YOUTUBE: Watkins Missing Children - YouTube
WEBSITE: ALERT ! - ABDUCTED MISSING CHILDREN : Alexander Watkins & Christopher Watkins
TWITTER: https://twitter.com/Child_Abduction
slughead10
New member
he asked if it was legal...and no its not.....she does need his permission or a court order. i live at a border crossing and know how lax security is but if you want to ensure it does not happen again contact border services and give them your exs name and the children's names and let them know you don't consent.
problem solved
people here are ignoring his question and giving him all kinds of unasked for advice.....and opinions
This is incorrect, a child under the age of 18 does not require a passport to cross the border only a birth certificate. A passport is required for a child only if they are flying out on an international flight before the age of 18.
slughead10
New member
at 16 they require a passport.....just found this out when i got turned around yesterday trying to go shopping in michigan. my boy turned 16 on tuesday ....
and the thieves kept the bridge fee.....
Tayken
Well-known member
Actually, there is no exit strategy in Canada. So it is up to the receiving country to establish what is allowable. If you want to have the other parent have a problem coming back your recommendation works.
There is only one criminal system you could potentially register with that would alert the US border really. Read Stephen's website he details the whole problem with border security, custody and access.
Pursuinghappiness
New member
Actually I did answer his question. I posted to the link to the travel site had you scrolled up....and there is nothing illegal about her not having a travel consent. They are separated with assumed 50/50 custody. She technically wouldn't need a signed notification until they have an interim access/custody assessment..and even then, they probably won't ask for it. They generally don't ask about your maritial status. If they asked everyone travelling with kids those questions at the border where I lived, it would take hours to cross.
Kids 15 and under do not require passports for travel between US and Canada..,.never have.
Bottom line, the issue isn't Canadian/US Immigration. And when this guy comes back complaining about the EOW screwjob, it will hardly be much of a surprise.
Rioe
Well-known member
I don't think his big issue is so much that she was allowed across the border by officials, it's that she did this without even consulting him or notifying him in advance. This particular situation has made it clear to him how much power she has over the situation until he has an agreement in place.
His issue is not really travel at all, it's that his ex has taken control of the kids, is acting like a gatekeeper, is excluding him from their lives, and he's not fighting it very well. He needs to push for a fair custody and access agreement, and include a clause about consultation and notification about travel plans and arrangements if it bothers him. He should be documenting her past behaviour such as this, with proof (do you have something written down from her saying she did this?) so that he can present it in court as evidence that she is not communcating with him or supporting his ongoing relationship with the children. Sounds like she's building up quite a status quo of being in control and denying access.
Think maybe it's time for him to stop trying to self-rep and get a lawyer. Relying on OCL to do the job of a lawyer isn't working for him. Waiting around for his ex to change isn't working for him. Waiting till his children are old enough to ask to see him again certainly isn't going to work for him.
His issue is not really travel at all, it's that his ex has taken control of the kids, is acting like a gatekeeper, is excluding him from their lives, and he's not fighting it very well. He needs to push for a fair custody and access agreement, and include a clause about consultation and notification about travel plans and arrangements if it bothers him. He should be documenting her past behaviour such as this, with proof (do you have something written down from her saying she did this?) so that he can present it in court as evidence that she is not communcating with him or supporting his ongoing relationship with the children. Sounds like she's building up quite a status quo of being in control and denying access.
Think maybe it's time for him to stop trying to self-rep and get a lawyer. Relying on OCL to do the job of a lawyer isn't working for him. Waiting around for his ex to change isn't working for him. Waiting till his children are old enough to ask to see him again certainly isn't going to work for him.
Pursuinghappiness
New member
Since I've been on this forum, I've seen a number of men with very similar circumstances complaining about this and not doing much about it.
They continue in the same vein as when they were married, letting the stbx wife gatekeeper time with the kids and sit in the background complaining while she establishes status quo.
That's all fine if that's what they want to do despite all the advice they receive in here.
My issue is when they come back in here to complain about the EOW screwjob that they got and instead of blaming it on their own inaction...blame it on all other women and a biased family court system. Watch for future posts from this guy (assuming he didn't swan dive off a ledge yet). I'll bet you he becomes a member of the women bashing club real soon.
StephenWatkins
New member
Watkins Missing Children - UPDATE THREAD
Watkins Missing Children - UPDATE THREAD
NEW - Please see this link for updates on this case:
http://www.ottawadivorce.com/forum/f7/watkins-missing-children-news-update-12862/
Watkins Missing Children - UPDATE THREAD
NEW - Please see this link for updates on this case:
http://www.ottawadivorce.com/forum/f7/watkins-missing-children-news-update-12862/
baldclub
New member
Also, from one CanLII posted here by Tayken on the forum, Justice Czutrin states:
"14. The child may travel with either parent outside of Ontario or Canada, as per the parenting schedule, with 45 days notice and a detailed itinerary, including hotels or other accommodations. The parent who plans to travel shall be given a written consent as required by government regulations to travel at least two weeks prior to travel."
(Bold is mine)
L.L. v. M.C., 2012 ONSC 3311 (CanLII)
Date: 2012-07-19
Docket: FS-08-00340601-0000
URL: CanLII - 2012 ONSC 3311 (CanLII)
Citation: L.L. v. M.C., 2012 ONSC 3311 (CanLII)
"14. The child may travel with either parent outside of Ontario or Canada, as per the parenting schedule, with 45 days notice and a detailed itinerary, including hotels or other accommodations. The parent who plans to travel shall be given a written consent as required by government regulations to travel at least two weeks prior to travel."
(Bold is mine)
L.L. v. M.C., 2012 ONSC 3311 (CanLII)
Date: 2012-07-19
Docket: FS-08-00340601-0000
URL: CanLII - 2012 ONSC 3311 (CanLII)
Citation: L.L. v. M.C., 2012 ONSC 3311 (CanLII)
They don't ask at the airport. I routinely fly to Europe with kids, We simply go through. (of course we have passports and notarized letter from the ex just in case). Note that the person checking are: 1) Airline attendant who could not care less 2) Security who are interested in what you have in your purse not wether you are divorced parent travelling without the ex's consent. Unless other countries there is no 'Police check' or 'Emigration' check in Canada. Once in Europe, we go through the police check, and there again, no question asked, nothing.
Like I mentioned earlier, I flew out of Pearson in Toronto to go to St. Lucia for the March Break with my daughter.
I was able to get through all of the security check points, board the plane, land in St. Lucia get through customs there both arriving and departing, reboard the plane to come home and finally, when re-entering Canada via Pearson I was actually asked for the consent letter.
Passport was required, but the consent was an after thought. And the funny part is......my daughter and I don't even have the same last name.......
If security is gonna be lax, there isn't much that can be done. I don't agree that the kids should be allowed to cross the border without a passport and consent letter. But if that was made universal, it would clog up the borders when spouses who are still married go without their husband/wife with the kids across the border for shopping etc.
If your ex should do it, you notify them in writing that you don't agree, ask them to cease and desist and move on.
I was able to get through all of the security check points, board the plane, land in St. Lucia get through customs there both arriving and departing, reboard the plane to come home and finally, when re-entering Canada via Pearson I was actually asked for the consent letter.
Passport was required, but the consent was an after thought. And the funny part is......my daughter and I don't even have the same last name.......
If security is gonna be lax, there isn't much that can be done. I don't agree that the kids should be allowed to cross the border without a passport and consent letter. But if that was made universal, it would clog up the borders when spouses who are still married go without their husband/wife with the kids across the border for shopping etc.
If your ex should do it, you notify them in writing that you don't agree, ask them to cease and desist and move on.
Tayken
Well-known member
Actually, I disagree. Canada should have an exit strategy like other countries. I differ to Stephen Watkins and all the materials he has brought forward regarding this need.
Good Luck!
Tayken
Unfortunately from what the border people told me recently, yes. I agree with the "doccument doccument" thing but from what the border patrol said, unless there is a police warrant against the person there is NO WAY they can keep you from crossing the border. They can ask questions and detain the person for questioning but once they realise they have no warrant for arrest/detention they have no jurisdiction. My family (exH, myself and our 3 kids) all have Nexus cards and I was sure that something could be done so I went in to ask the nexus office to keep him from crossing the border with the 2 kids he has in his care right now (we too have no custody order in place yet and he has abducted the 2 youngest kids). They said I was more than welcome, as 1 of the 2 signatories on the nexus cards, to request that the nexus cards be revoqued. That would mean next time he tried crossing he couldn't use them. It would cause a huge headache for him and would likely piss him off. However...they made perfectly clear that he could still cross with the kids' birth certificates. In actual fact, *I* am in a worse off position because if I had done that and it pissed him off he would probably do that to the eldest's nexus card which is all I have for photo ID for her since he also took her birth certificate and has (thus far) not returned it despite being asked many times and being "threatened" to tell my lawyer about it.
In any case...in a nutshell, border authorities say they have no jurisdiction. They are free to detain you for a while, question you up the ying yang, but ultimately can not hold you up forever or arrest you for having kids who you don't have "custody of" unless there is an actual warrant for your arrest. :'(
YK what is actually pretty darn hilarious (but sad) is a friend of mine who was widowed when her son was 12, was harassed for YEARS on their international travel (USA, Britain, Japan...etc.) about whether she had "custody" and the right to travel with him. Almost every single flight/cruise they went on. She carried the father's certificate of death on their travels. At one point she got so frustrated she asked "would you like me to bring the urn of ashes next time we travel?!!!". :-/
The egg island comment from Backyardigans is funny 
My lad who is 4.5yrs old watches the show religiously, the STBX on the hand hasn't got the patience to sit down and watch it with him.
Question for you, how did you get out of paying CS for your stepchild?
cheers
My lad who is 4.5yrs old watches the show religiously, the STBX on the hand hasn't got the patience to sit down and watch it with him.Question for you, how did you get out of paying CS for your stepchild?
cheers
- Status