Getting a Court Order For Travel With a Minor

[cruise_gal21]

Ok, so I realize this has probably been asked before, but I have not found any answers while searching the forums that quiet my worries. I did not realize until yesterday that I need a parental consent form for my daughter to travel with me out of country without her father (this will be our first cruise). We have joint custody, with myself being primary physical custodian. Long story made short, he will more than likely not sign the form because the restraining order that I had on him just got lifted 2 months ago (he had total access to our daughter on his visitation weekends and holidays throughout this period though). Anyways, my main question is if anyone has any experience actually obtaining a court order from a judge stating they were allowed outside the country (United States) for vacation with their minor child? And how did you go about getting this order, a lawyer or on your own?

 

Thanks so much in advance and always enjoy the insight from CC Members!

[smalltownmomwa]

I've never gotten a court order, but I have gotten a signed letter with notarized signature. (We are married, not sure if that matters or not though.) Pretty sure it''s never been asked for, but better to have it.

 

There may be a sample letter/form on the gov't travel website. This is something that falls into the "better safe than sorry". You'd hate for your ex to be able to claim kidnapping or some-such. If he won't sign, you may need to get your lawyer involved. :(

 

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[notentirelynormal]

My brother went through his lawyer to get a court order to take his son on a cruise. He had fully physical and legal custody but because of a charge his ex was bringing against him his rights went to "temporary" so he needed it. He also needed to produce this document at LAX before they would let him fly to San Juan.

[cruise_gal21]

I've never gotten a court order, but I have gotten a signed letter with notarized signature. (We are married, not sure if that matters or not though.) Pretty sure it''s never been asked for, but better to have it.

 

There may be a sample letter/form on the gov't travel website. This is something that falls into the "better safe than sorry". You'd hate for your ex to be able to claim kidnapping or some-such. If he won't sign, you may need to get your lawyer involved. :(

 

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Thank you for the reply. I did send the letter for parental consent with her, it's his weekend, but I am just worried he won't sign it because I tried talking to him, and he refused to talk to me about it. I would hope that he realizes it is only hurting her to not sign the letter :( I've got my fingers crossed but willing to go to my lawyer next week if he refuses.

[cruise_gal21]

My brother went through his lawyer to get a court order to take his son on a cruise. He had fully physical and legal custody but because of a charge his ex was bringing against him his rights went to "temporary" so he needed it. He also needed to produce this document at LAX before they would let him fly to San Juan.

 

Glad to know someone has had to do this and that it is possible. I do not believe the judge will say, "No" based on the fact that he was not happy with my ex at all last year when I had to do the restraining order and specifically told my ex he wanted him to try to get along with me after the order was lifted and hoped he could for the sake of our daughter. I wish he would for her... But that's another story. Thanks for the boost of confidence :D

[alicia1lily]

I have a joint parenting situation with my ex. He lives in NC and never sees his daughter but usually does the things that I ask of him. When we got our letter we got the template from the travel.gov website and we had it notarized so there was no question of its legitimacy. I hear Mexico is extremely strict on minors travelling with one parent. If your ex refuses to sign it you will need to obtain a lawyer and force a change in your papers. If it ever comes down to it...I will do the same.

[vavasmom]

My lawyer obtained an approval order from a judge before my custody was final for a trip we took.

 

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[cruise_gal21]

My lawyer obtained an approval order from a judge before my custody was final for a trip we took.

 

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Unfortunately I did not think of that... Our custody has been final for two years come this November. The custody papers do not say I cannot travel with her, it's that they don't say I can. There's no proof that I am allowed to take her out of country without her father's consent.

He "forgot" to send the Travel Consent form back signed and notarized, so I gave him one more week. Looks like I may be needing to call my lawyer soon because I do not foresee them returning... :(

[njmomof2]

I'm sorry that your ex is being difficult about this.

 

I'm lucky that even though my ex and I don't like each other, this is one area that has not been an issue. He realizes that if he withholds consent, it would be like putting another nail in his coffin as far as the boys are concerned. I think if he refused, they would be the ones telling me to call the lawyer.

 

On the flip side, he took them to WDW and US in March for spring break. I did the letter, had it notarized and copied my medical insurance card (I carry the boys on my insurance). Put them in an envelope and waited for him to ask for them. He never did. I don't even know if he thought about possibly needing them. This was the first trip he ever took alone with the kids and I'm sure that just trying to keep his reservations and bookings straight made everything else go straight out the window.

 

I gave it to my oldest son, told him what it was and said if anyone asks for it, pull it out. And if one of you gets sick, the insurance information was in there as well.

 

I think that when we go through the divorce and work so hard to come up with a settlement agreement and custody agreement, we often aren't able to see all of the things that pop up down the road. I know when I did mine, my older son was in a different position regarding his relationship with his father. I never in a million years thought he'd be where he is today, just 7 months later. And because of that, I did not draft a provision for modifying the visitation schedule as the kids got older. So now I'm facing the situation of having to go back to the lawyer, and possibly going back into court so my oldest can speak to the judge.

 

And then I have to deal with the younger one....

[BlueEyesMI]

This is a good question, and one I'd never thought of! I have full custody, DD (who will be 16 on our trip) lives with me and hasn't even talked to her father in years. He did sign a form so I can get her passport. Do I really need this other form? We're doing Alaska, with a few hours in Canada. I've taken her into Canada before with no problem. (We live in Michigan, so going into Canada is pretty routine for us.)

 

Thanks.

[Kerry's Girls]

This is a good question, and one I'd never thought of! I have full custody, DD (who will be 16 on our trip) lives with me and hasn't even talked to her father in years. He did sign a form so I can get her passport. Do I really need this other form? We're doing Alaska, with a few hours in Canada. I've taken her into Canada before with no problem. (We live in Michigan, so going into Canada is pretty routine for us.)

 

Thanks.

 

I would bring a copy of the document that shows you have full custody.

 

Best,

Mia

[BlueEyesMI]

I called Princess and they said no worries as long as she had proper travel documents (i.e. passport). I checked the Canada travel website and it states:

 

Travel with Minors: If you plan to travel to Canada with a minor who is not your own child or for whom you do not have full legal custody, CBSA may require you to present a notarized affidavit of consent from the minor’s parents. Please refer to the CBSA website linked above for more details. There is no specific form for this document, but it should include dates of travel, parents’ names and photocopies of their state-issued IDs.

 

So, phew - I'm good! Hope it works out for everyone else too!

[cruise_gal21]

I was very pleasantly surprised, actually almost in shock, to receive my DD's Travel Consent Form from her father on Friday signed and notarized. Considering the resistance I first encountered from him about the subject, he refused to even talk with me about it and ignored my attempts to try, after two weeks the form was returned back to me. Our DD did a fair amount of pleading with him, but I would like to think he had a change of heart because he wishes to have a civil relationship for our DD's benefit. Regardless of the reason, I am extremely pleased and happy to say that no lawyers had to get involved. My thanks go out to all those whom replied and contributed to this form. I hope other CC Members got some benefit out of it, even though I didn't personally get to report back on the court's process with my particular circumstance (thank goodness :D)

[CaribbeanCowgirl]

I have traveled to Caribbean, Central America, Cabo, and Canada with my daughter and no daddy. (we are not married either).

 

While I normally have a basic signed letter - I have never been asked for it -

 

I also have him include that medical decisions can be made solely by myself or by whomever I am traveling with (usually my aunt or grandma)..

[mehimand5ofthem]

My lawyer obtained an approval order from a judge before my custody was final for a trip we took.

 

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Can you tell me the wording used in your court order? i am going through the same thing and my lawyer wants to be sure we have it worded correctly. I guess he had another client that was denied boarding because of the wording of the court order.