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Parental Consent - Sole Custody


GrumpaTom

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My wife & I are bringing one of our son's friends with our family on a Mexican Riviera Cruise on the Norwegian Star.

 

The mother of this friend has sole custody.

 

In reading the Consent & Release Form we see that we need a copy of the Birth Certificate and the Form sent to NCL. We don't see anything about having any documents to prove Sole Custody on the form or on NCLs FAQ.

 

While we know it would be best if we had them (Any available documentation is a good thing) we don't know that the mother has any specific documentation because the Father is in Prison and so couldn't have custody if wanted it.

 

We did call NCL and the CSR was not very helpful and said it would be best if we had the proof.

 

Does anyone know if Proof of Sole Custody is required (Like I said the for does not say anything about it and NCLs FAQ doesnt say anything either) and if we don't have it is there anything we can do to make sure this does not stop us from getting on the ship.

 

Thanks to any that respond!

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How old is the child?

 

Under 18, or between 18-21?

 

People between 18 and 21 are not children for any purpose. They are adults who are underage for drinking purposes only. If the person is 18 or over you don't need anything for them to travel with you, in fact 18 and over the parents have no right to allow the person to travel or to deny the person the privilege of traveling (now the battle that happens at home if mom and dad are disobeyed is a different matter.)

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My wife & I are bringing one of our son's friends with our family on a Mexican Riviera Cruise on the Norwegian Star.

 

The mother of this friend has sole custody.

 

In reading the Consent & Release Form we see that we need a copy of the Birth Certificate and the Form sent to NCL. We don't see anything about having any documents to prove Sole Custody on the form or on NCLs FAQ.

 

While we know it would be best if we had them (Any available documentation is a good thing) we don't know that the mother has any specific documentation because the Father is in Prison and so couldn't have custody if wanted it.

 

We did call NCL and the CSR was not very helpful and said it would be best if we had the proof.

 

Does anyone know if Proof of Sole Custody is required (Like I said the for does not say anything about it and NCLs FAQ doesnt say anything either) and if we don't have it is there anything we can do to make sure this does not stop us from getting on the ship.

 

Thanks to any that respond!

 

In response to your question, the while purpose for the documentation is to prevent parental kidnapping. Unless the child is really small the issue is not likely to arise.

 

Take what you have. If mom and dad are divorced a copy of the decree would be helpful, if not an affidavit that dad is in prison should be enough. Make sure, to take a notarized power of attorney allowing you to consent to medical treatment too.

 

If the young person is 18 or older none of this is needed.

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It's possible, not usually likely but possible, that she will need to show a copy of the custody papers stating that she has sole physical and legal custody. This is especially true for cruises that stop in Mexico because Mexico has very strict rules about this. It's not really what the cruise line thinks you should have or wants her to bring; it's what the Immigration officials at any and all ports can require her to prove: That she has the right to take her minor child between countries. This can be a notarized letter from the other parent if both parents have legal rights to the child, a death certificate if the other parent has died, or court papers showing sole physical and legal custody or other court documents showing that the other parent has no legal rights to the child.

 

This could be tricky. Let me ask a question. Does the father have any legal rights to the child? I ask because even though he obviously couldn't have physical custody, it doesn't automatically mean he has given up or been stripped of his parental rights. This is extremely important to know. I don't know that Immigration officials would accept a letter from the prison stating the the father is in prison because that doesn't mean he has no parental rights.

 

If her custody papers show she has complete custody and the father has no rights, then no worries. Just bring a copy of that. If not, then she may need to have the courts issue a statement allowing her to take the trip with her child. I think it's not a complex process and she would only have to show that the father is in prison and has no contact with the minor child. But I'm not a lawyer, so don't take my word on that. Although most parents are not asked for documenation, a few are. The thing is that if she is one of the few, she'd better have what the officials (might) require or she may have problems boarding.

 

beachchick

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The teenager in question is 14 years old.

 

To be on the safe side, please do get the letter or something that indicates you can take the child..99.9% of the time it will never be an issue, but I do know of twice when it became one. the first case they child was allowed to board but it wasn't easy, the second time, the child was not allowed to board a plane thus they were a day late arriving at their destination.

 

Nita

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NCL has their own consent form and if you send me your email address I can forward it to you, can't post it here...However, below is what it reads at the bottom of the form:

 

(**Both parents/legal guardians, if shared custody of MINOR, must sign. Witnesses must be adults and at least one



witness may not be the spouse or blood relative of the parent/legal guardian. If entering Canada, Canadian law

requires a separate notarized letter in addition to this form.) Once completed, please fax this form to the

Group Event Coordinator Department at (305) 436-4147 and please bring this form with you to the pier.

Revised 10/

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NCL has their own consent form and if you send me your email address I can forward it to you, can't post it here...However, below is what it reads at the bottom of the form

 

Yes, we have the NCL form, which is why I said the form does not state anything about proving Sole Custody, just that if they had shared custody both must sign.

 

We are going to get the form filled out tonight and fax it to Norwegian, I hope that if there are any issues we can work it out with them before we even head to SoCal.

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It's possible, not usually likely but possible, that she will need to show a copy of the custody papers stating that she has sole physical and legal custody. This is especially true for cruises that stop in Mexico because Mexico has very strict rules about this. It's not really what the cruise line thinks you should have or wants her to bring; it's what the Immigration officials at any and all ports can require her to prove: That she has the right to take her minor child between countries. This can be a notarized letter from the other parent if both parents have legal rights to the child, a death certificate if the other parent has died, or court papers showing sole physical and legal custody or other court documents showing that the other parent has no legal rights to the child.

 

This could be tricky. Let me ask a question. Does the father have any legal rights to the child? I ask because even though he obviously couldn't have physical custody, it doesn't automatically mean he has given up or been stripped of his parental rights. This is extremely important to know. I don't know that Immigration officials would accept a letter from the prison stating the the father is in prison because that doesn't mean he has no parental rights.

 

If her custody papers show she has complete custody and the father has no rights, then no worries. Just bring a copy of that. If not, then she may need to have the courts issue a statement allowing her to take the trip with her child. I think it's not a complex process and she would only have to show that the father is in prison and has no contact with the minor child. But I'm not a lawyer, so don't take my word on that. Although most parents are not asked for documenation, a few are. The thing is that if she is one of the few, she'd better have what the officials (might) require or she may have problems boarding.

 

beachchick

 

But, the mother is not going on the trip from what I gathered from the post.

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But, the mother is not going on the trip from what I gathered from the post.

 

That is correct, Mom will not be joining us, the family is dysfunctional at best and the teenage son does not have a fully supportive homelife, so we try to give him a little stability and some things he would not normally get. He also does not have a male figure he can look up to so I try to help in that role too. So we thought it would be a good idea to bring him along, but are trying to address the obsticles now.

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That is correct, Mom will not be joining us, the family is dysfunctional at best and the teenage son does not have a fully supportive homelife, so we try to give him a little stability and some things he would not normally get. He also does not have a male figure he can look up to so I try to help in that role too. So we thought it would be a good idea to bring him along, but are trying to address the obsticles now.

 

Good for you and thank you for all that you do for this kid.

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What if only one parent is taking a 7 year old on a cruise along with the grandparents. They have joint custody, but dad is the custodial parent & he is the one taking her on cruise? Do we need any paper work from mom, or a notorized letter????? Thanks for your help. NCL did not give me a straight answer.

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That is correct, Mom will not be joining us, the family is dysfunctional at best and the teenage son does not have a fully supportive homelife, so we try to give him a little stability and some things he would not normally get. He also does not have a male figure he can look up to so I try to help in that role too. So we thought it would be a good idea to bring him along, but are trying to address the obsticles now.

 

That's wonderful! Good luck!

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Not quite the same question but a few years ago, at the last minute I decided to join my parents on their 50th Anniversary cruise to Alaska. I took my son but my wife couldn't get off work. Thank God for cruisecritic because I decided to ask if I needed any documentation to take my son on the cruise even though I'm married. I was told I needed a notarized letter allowing me consent to take my son out of the country. Sure enough, when we showed up at the pier in Seattle, they asked me if I had a letter.

 

Not sure what you would need, just thought I would share my story.

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What if only one parent is taking a 7 year old on a cruise along with the grandparents. They have joint custody, but dad is the custodial parent & he is the one taking her on cruise? Do we need any paper work from mom, or a notorized letter????? Thanks for your help. NCL did not give me a straight answer.

 

That actually is an easy one, with the research I have been doing. Have Mom fill out the Consent form from NCL below and have it notorized when she signs it. If you are cruising out of Canada there is another form on the Canadian Border Patrol website that would need to be filled out. But that one form will cover it for NCL.

 

https://www.ncl.com/csimages/77/252/parent%20guardian%20form_2009.pdf

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Yes, we have the NCL form, which is why I said the form does not state anything about proving Sole Custody, just that if they had shared custody both must sign.

 

We are going to get the form filled out tonight and fax it to Norwegian, I hope that if there are any issues we can work it out with them before we even head to SoCal.

 

Even though there's no statement about proving Sole Custody, I think that since there aren't going to be two signatures, there's going to be questions about the father and they're going to expect either a death certificate or a court's custody paper to show why there's no 2nd signature.

 

I know the Father is in prison but is there anyway he can still sign the form so there won't be problems?

 

Be prepared to provide paperwork as to why there isn't a 2nd signature.

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Sole custody MAY be questioned and your friend and the minor may not even be able to get on the plane to get to the cruise port. ABSOLUTELY bring more than one copy of the court ordered sole custody (in case one is lost or damaged).

 

To make traveling with the minor as pain-free as possible download and have signed a consent form for traveling minor. Even though the friend may have sole custody, the other parent is still alive and, even though is in jail, has rights to the child, unless otherwise noted in the judge's decision. You can google consent form for traveling minor or obtain one from TSA website.

 

I did this on our last trip to St. Thomas this summer. And yes, it was asked for at the airport prior to departure. My children's ages were 18 (major), 14 (minor), and 12 (minor).

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Sole custody MAY be questioned and your friend and the minor may not even be able to get on the plane to get to the cruise port. ABSOLUTELY bring more than one copy of the court ordered sole custody (in case one is lost or damaged).

 

To make traveling with the minor as pain-free as possible download and have signed a consent form for traveling minor. Even though the friend may have sole custody, the other parent is still alive and, even though is in jail, has rights to the child, unless otherwise noted in the judge's decision. You can google consent form for traveling minor or obtain one from TSA website.

 

I did this on our last trip to St. Thomas this summer. And yes, it was asked for at the airport prior to departure. My children's ages were 18 (major), 14 (minor), and 12 (minor).

 

Unfortunately, we will be driving to the Port in San Pedro, CA from Portland, OR. So we won't have to deal with TSA.

 

Fortunately, the copy of the court order severs all of the father's rights. I'm not sure what happened but she is allowed to leave the state or country without even notifying the father.

 

I still faxed the signed and notorized release, the birth certificate, and the court order to NCL at the number on the form, so hopefully the pre-review will solve any issues.

 

Oh, and we will have 3 printed copies (2 on hand and 1 in the luggage), plus an electronic copy if I need to print it again.

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But, the mother is not going on the trip from what I gathered from the post.

 

Thanks. I realized when re-reading later that she was not going. It the long run though, it doesn't change what's needed overall.

 

That is correct, Mom will not be joining us, the family is dysfunctional at best and the teenage son does not have a fully supportive homelife, so we try to give him a little stability and some things he would not normally get. He also does not have a male figure he can look up to so I try to help in that role too. So we thought it would be a good idea to bring him along, but are trying to address the obsticles now.

 

How wonderful for your son's friend that you and your family are giving him some much needed stability and (it sounds like) love and acceptance.

 

Okay, as you know, you will need a signed, notarized letter from his mother allowing the travel. You will also need permission to seek and authorize medical treatment if (God forbid) it is needed.

 

I just read your post above. So what you need to do is bring a copy of the papers that show the father was stripped of his parental rights (and with good reason, I bet). That will take care of any questions about whether his mother has the sole legal right to allow you to travel with her son.

 

Have a wonderful time.

 

beachchick

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  • 2 weeks later...
Unfortunately, we will be driving to the Port in San Pedro, CA from Portland, OR. So we won't have to deal with TSA.

 

Fortunately, the copy of the court order severs all of the father's rights. I'm not sure what happened but she is allowed to leave the state or country without even notifying the father.

 

I still faxed the signed and notorized release, the birth certificate, and the court order to NCL at the number on the form, so hopefully the pre-review will solve any issues.

 

Oh, and we will have 3 printed copies (2 on hand and 1 in the luggage), plus an electronic copy if I need to print it again.

 

 

You sound like you have everything you need and then some. I really hope all of you have a GREAT time!

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That is correct, Mom will not be joining us, the family is dysfunctional at best and the teenage son does not have a fully supportive homelife, so we try to give him a little stability and some things he would not normally get. He also does not have a male figure he can look up to so I try to help in that role too. So we thought it would be a good idea to bring him along, but are trying to address the obsticles now.

 

Thanks for "Paying it Forward"...if only there were more like you to help the many kids who are "at risk". Bless you!

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That is correct, Mom will not be joining us, the family is dysfunctional at best and the teenage son does not have a fully supportive homelife, so we try to give him a little stability and some things he would not normally get. He also does not have a male figure he can look up to so I try to help in that role too. So we thought it would be a good idea to bring him along, but are trying to address the obsticles now.

 

I know you dont do it for the the thanks, but here it is anyway....

 

Thanks for being a very special family to this young man who might be at risk of falling through the cracks in society! Every child deserves love, opportunity and most of all stability. After all, todays children are tomorrows future!

 

Enjoy your trip!

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