Permission Letter for Minor Child to Cruise....

[sail7seas]

I read here very often single parents having difficulty finding the other parent to provide a permission letter to get a passport or to take their minor child out of the country because they cannot locate the other parent.

 

I heard a very interesting news report yesterday that may be a forerunner of others doing the same.

 

A judge accepted a notification in Facebook as "Notice" to missing parent of pending litigation/court hearing. If you want to go to court to get sole custody and cannot locate the other parent, you may wish to research with your attorney if you can set up a hearing, get sole custody and get on with raising your child and traveling with him/her without the stress you now endure. The court required verification that person had an active Facebook account and he then 'assumed' notice had been given.

 

Just wanted to mention it may open some doors for some of you.

[paul929207]

Interesting idea. Thanks

[gerryl12]

That sounds like a very good idea. So many single parents are stuck and it can be very expensive if you have to hire a lawyer all the time.

[smeyer418]

BTW before someone thinks all they have to do is snap their fingers and post on facebook, you should understand what is necessary in most states to use facebook as substitute service(if the state law and judge allow it). First you have to start a proceedings in the court with jurisdiction over matters like this. This means filing a motion or some other procedure to have you either declared as the sole parent or permission to travel without the other spouses consent. Those papers have to be served on the other spouse. After using due diligence to find and serve the spouse(and not being able to) you file an ex party(without the other spouse) motion to allow you to use substitute service on the other spouse in stead of a more traditional method of serving the papers(if you have had trouble serving the spouse in the past you could probably put in this motion in at the same time you started the proceedings). A judge has to hear and decide this ex-party motion. Using Facebook is unusual. The method chosen has to be either something specifically authorized by the statute(like publication in a newspaper) and recognized as a method that "has a reasonable chance" of giving actual notice or the notice under the statute--why? because if it doesn't it can be opened up again later(for failure to give notice)...

and of course, after the notice is posted and a period of time is complete on facebook, the original motion/proceedings still has to be decided.

 

So don't think this is much cheaper....

Its easier to ask and get the darn paper signed...

 

see for example

http://en.wikipedia.org/wiki/Service_of_process

[6rugrats]

Also, you need to understand what the term "sole custody" means in your state. It is difficult to obtain sole legal and physical custody for most people, and even if you are successful, it does not mean the other parent's rights are terminated.

 

I recall another poster recently who stated they wanted sole custody so they could leave the state without the other parent's permission. This would interfere with the other parent's visitation rights, so you can't just pick up and leave, even if you have sole custody.

 

People need to consult with their attorney so they understand exactly what they need. It's not as easy as it seems. It might be far easier for a person who wanted to take their child out-of-the country, and who couldn't obtain the other parent's permission, to petition the court for this permission, then to get involved in a custody battle.

[sail7seas]

I read here very often single parents having difficulty finding the other parent to provide a permission letter to get a passport or to take their minor child out of the country because they cannot locate the other parent.

 

I heard a very interesting news report yesterday that may be a forerunner of others doing the same.

 

A judge accepted a notification in Facebook as "Notice" to missing parent of pending litigation/court hearing. If you want to go to court to get sole custody and cannot locate the other parent,

 

< you may wish to research with your attorney > if you can set up a hearing, get sole custody and get on with raising your child and traveling with him/her without the stress you now endure. The court required verification that person had an active Facebook account and he then 'assumed' notice had been given.

 

Just wanted to mention it may open some doors for some of you.

 

 

 

 

Thus the reason I inserted the underlined verbage...........

[clinthi]

I had the same issue, and was told by customs in Canada REGARDLESS if I have custody paperwork with me I still need a notarized letter from my attorney and/or my child's absent father acknowleging he is aware that the child is out of the country during those dates. Luckily the customs person was very nice and gave me a warning.

[I_heart_vaca]

Accepting Facebook or any social media site as notification is interesting. When my sister wanted a divorce state law required her absent husband (who no one could find) to be served/notified of the court appearance in person - to give him time and abilty to answer the charges, etc. It would have saved her months of time/stress and hundreds in service fees (in our area you have to pay sherrifs deputies to do this) if she could have used the sites he is active on. Interesting idea indeed!

 

As for custody - the real issue is the difference in sole physical custody and sole legal custody and sole physical & legal custody. My sister has the latter - sole legal & physical custody - she needs no permission for anything. Her husband has no visitiation unless she grants it so she could move, travel, whatever with those papers. If you only have either sole legal or physical you usually still need permission for avarious legal reasons including impeeding visitation or 'family' releationship. I feel for those who are dealing with this issue and an uncoperative ex. I know there are people who have real fears of thier exes leaving the country or moving across country where they can't see thier kids, but for those who are doing it just to screw with thier exes - that's just childish.