Legal question

M

Mr Bret

Well-known member
Aug 13, 2012
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Here's the situation.
Divorced couple.
Mother has custody of the only child, a minor.
Mother wants to travel with the child out of the country.
Does she need a letter from the father giving permission for this?
If it is needed, does she need to involve a lawyer or notary to witness or certify said document?

Thanks in advance for your advice.
 
Mr Bret said:
Here's the situation.
Divorced couple.
Mother has custody of the only child, a minor.
Mother wants to travel with the child out of the country.
Does she need a letter from the father giving permission for this?
If it is needed, does she need to involve a lawyer or notary to witness or certify said document?

Thanks in advance for your advice.
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General knowledge says yes, she needs permission. Click be kidnapping if she doesn't. Not sure about notarized copy but imagine in a bitter relationship you want to cover your ass.
 
Going by what divorced friends have told me, yes you need approval. I've never heard anything about a legal document though. From what I've heard, there needs to be written proof of approval from the other parent to show the border guard it's legit travel and not a kidnapping.
 
The only time you can travel freely with your child is if you have a parenting plan, separation agreement or court order that says you don't need your partner's permission to travel with your child. It's important to carry a copy of your agreement or court order with you to prove that you don't need anyone's permission.
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If your partner won't agree to let you travel with your child, you may have to go to court and ask for permission to travel.
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Even if you have sole custody, you may still be required to provide documents...

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I think the issue is that you might have trouble at the border. I have sole custody and the father has visitation but it's my understanding that if I want to take the kids out of the country I need something saying that he gives me his permission and it should be notarized. I haven't done it yet but I would just to avoid any hassle. My family has a vacation house in Florida and we haven't been yet because of all this nonsense. My ex is vindictive and wouldn't bother to do it even if it's in the best interest of the kids.
 
Funny....if you're a guy taking kids out of the country for sure have a notarized letter signed by the mother...but...ladies should do the same , but I tend to see only men are asked to produce the letter by customs and immigration ...women hardly ever...
 
Yes, you need a notarized letter of permission to take kids out of the country. There are many times when the officials are too lax and lazy to insist in this at the airport; but you take a BIG chance not getting this done ahead of time.
 
Without elaborating as to the why's, as what everyone else has said is true, I will add this; Unless both exes are still on good terms, then this isn't required. If either parent isn't born and raised here or comes from an immigrant family, then yes, do get one of these.
In my case, my exes lawyer wanted this clause in there and I refused it. Simply on the grounds that there is no flight risk with my ex in taking our youngest away. My explanation to my lawyer was simple, she would forfeit spousal and child support payments, which is a considerable sum. Our lives are grounded in the area where we reside with family ties in the area as well and I took it further that this would be an added inconvenience to have to do and if the letter was forgotten, then there would be an issue within the agreement or at the border, which could spoil plans made.
So in short, it depends on the exes and their situation.
 
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I am divorced and both my ex and I have taken the kids out of the country.

Every time the one granting permission wrote and signed a letter, and had it notarized.

The letter included details of the kids names, the date of departure from Canada and the date of return.

Its been a long time so I can't remember any other details.
 
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