Legal Question

[lostdart58]

I am taking a Princess cruise in 7 weeks along with my g/f and her 5 year old daughter. The Princess pre-info arrived in the mail yesterday> I noticed a paragraph about proof of legal custody of child when only one parent is present on cruise. My girlfriend has always been a single parent and although the child's father name is on her birth certificate, there for practical purposes never been a father......My girlfriend though has nothing legal to show this because it has never been an issue. The child has HER last name...not the father's.

 

Legaly where do my girlfriend and her daughter stand?......Will Princess not let them on the ship?..................The father, needless to say, is no where to be found or want to be found for that matter.

 

I suppose we might confer with a lawyer......but would rather save the money for the cruise and not the lawyer....

[kitty9]

The cruise lines might ask for a letter from the biological father especially if the father's name is on the birth certificate. There is always the question of kidnapping whenever a young child only travels with one parent. It's more of a concern if your cruise stops in Mexico because that country has some very strict rules about one parent traveling with a minor child. Cruise lines are very serious about this issue and if you don't have all the paperwork, they could deny boarding. Your girlfriend will have to go to court and get an order naming her as the only parent, and she'll have to take that order with her on the cruise. It's too bad your travel agent didn't tell you about this when you booked the cruise because I'm not sure you're going to have enough time to get a court order. Does your gf have any paperwork from the father giving up his rights to the child? If not, there could very well be a problem. Call a lawyer tomorrow and see what, if anything, can be done. If all fails, is there someone who can watch the child while the both of you cruise? I don't want to sound so doom and gloom, but I don't think you want to get to the dock, have Princess ask for a letter from the father giving the mother permission to take the child out of the country, and then be denied boarding. It has happened before and if it happened to you, you don't get a refund of any kind.

[lougee1043]

suggest that you also call the cruise line and explain the situation to them and see what they say

[Winston13]

I am in a similar situation as you g/f. My 10 year old son went with my wife and I on a cruise and no one ever asked to see a "permission" slip from his biological mother. I had his birth certificate and his state issued ID. It would be quite obvious that my son is of no relation to my wife has I am white and she is filipina. Good to cover all bases regardless though as to avoid a vacation disaster at the port.

[doone]

We went on a cruise with my family, my sister being divorced we needed permission for her to take her son. Her ex, who is an idiot, wouldn't sign permission, we had to go to court and get the judge's signature, it was a pain, but if we didn't do this, I am sure he would have stopped us at the airport before we got out of Boston. And yes, she was asked for that letter both at the airport and the cruise pier. This was a few months after 9/11, perhaps that's why she was asked, not sure, but I would call the cruise line and explain the situation, see what they say.

 

One more thing, my sister did ask the girl at the pier who was checking her in what would have happened if she didn't have that letter, the girl said we could deny you and your son boarding, so I think its better to be safe than sorry. You'll always hear stories where no one was asked for the letter, well you know darn well you will be asked for the letter. Good luck. Hope things work out well for you.

[nosnobunny]

If you decide that a letter is needed, here is a link that you may find useful. :) http://www.lawdepot.com/contracts/consent/

 

Beth

[serene56]

And whats to stop YOU from signing such a letter? there is no proof that the real dad didnt sign it.

 

I have taken my kids on 4 cruises without no letter from their dad. (for one he died.. and I am not carrying death certificates on a happy vacation- too morbid for me.

[nosnobunny]

I believe the consent letters must be notarized. In order to be a notary, (or commissioner of oaths where I live - which I am), certain criteria must be met in order to prove your identity.

 

Beth

[doone]

Yes, the letters need to be notarized.

 

Serene, you have been lucky, my sister took my nephew once and was asked for the notarized letter. Without it, we would have had to leave her and my nephew in Ft. Lauderdale. It only takes one person to stop you. I'd rather be safe than sorry.

[Winston13]

Wow, that is crazy. My 10 year old flies to see me all the time and we have never had to produce a letter of permission or intent. While I did have a notarized letter from his mother on last years Thanksgiving cruise, no one ever asked to see it. As I said before, better safe than sorry. It shouldn't be hard to get a legal document since the biological father in this case has given up all parental rights by not being around/found and more than likely not paying any child support. Should be very straight forward. Wish you the best and enjoy your cruise!

[kitty9]

serene, I'm sorry, but that's very poor advice to give someone. Telling a person to break the law isn't the best way to give this person information. It's a felony to falsify something like this and could give the original poster some very big legal problems should he do this.

 

To the original poster, since you and your gf aren't married, and since the child doesn't have your last name, there will be questions asked when you board the ship. Best to clear this up legally before you cruise.

[serene56]

Im sorry Darci if you think that was wrong of me...but there are tons of single parent families for many different reasons. I cant imagine the lines if every parent that was single cruising with their kids had to produce this kind of document. Lots of parents dont have that contact with the other parent--then what?? they can never cruise??

 

I have cruised with my kids and my B/F- they dont have the same name either--NEVER once was I questioned. Even sailed with my parents with my kids -they too have differnt names then the kids...NEVER once was I questioned. The only reason I see that they will be questioned is if they were not citizens of United States.

[azcruisingmom]

serene56

You have been lucky. My husband,(not biological father), and I took my thirteen year old daughter who has our last name and were asked for paper work. We were lucky I took ex's death certificate with me just in case. It is easier to take the paper then be caught without it. To the original poster if you call princess get whatever they tell you in writing and take it with you. Good luck.

[doone]

Serene, its not only the cruise lines who want this type of paperwork, its the law. If I cruise line, airline or whoever doesn't ask for this type of letter and are caught with someone trying to kidnap their child, the liability to the cruise line is huge. Just because the cruise line, airline or whoever didn't ask you for this in the past, it doesn't mean it won't happen. If it does happen and you don't have the paperwork, you probably won't be able to board the ship, plane or enjoy your vacation and there is no $$ refund. The brochure's of the cruise ships state that without proper i.d. and this means notarized letters of parents traveling with their children or death certificates, whatever your situation happens to be, you can and will be denied boarding with no refunds. Like I said, you have been lucky.

 

A girlfriend and I traveled to Mexico, shortly after her divorce. She happened to take her marriage papers with her, thank god she did, she was asked to produce them as well because of her name change. Just be aware, it can happen.

[serene56]

Doone: what name was on her doucments and what name was on her photo ID??

[doone]

Her married name on both. But the girl at the desk at Delta Airlines, saw it was her and her son, asked for a notarized letter, thank god she had it. Same thing at the pier, she then asked the lady at the desk as the pier what would have happened if she hadn't had that letter, she said then they could deny her boarding. Its the kidnapping thing between parents and kids, its so sad, but its true. My sister had to go to court to get the letter because her idiot ex wouldn't sign it, so the judge had to give her the proper legal documents.

 

Just be aware, this could happen to you, I am sorry to say, I just want everyone to be aware of that.

[lostdart58]

Hi......this is the original poster..................The child in question has a valid US Passport..........When her mother applied for the passport in 2002 she had to fill out an affidavid stating that she was the "sole" parent......This was good enough for the US GOVERNMENT........

 

We will continue to get answers from various sources including Princess Cruise line itself.

 

I thank you all for your continued responses and also to the person who left the link for the "legal affidavid form" to be notarized.

[doone]

Just be aware, my nephew, at the time was 14, had a valid passport and my sister was still asked for the letter of consent, by the airline and cruise line. My sister was able to obtain a valid passport without her ex's permission because of his age, but not to take him out of the state, legally. Like I said, just be aware since this did happen to my sister.

[nosnobunny]

You're very welcome. I'll be taking 2 granddaughters on a cruise in March and someone else gave me that link. I'm happy to be able to pass it along. Have a great time. :)

 

Beth

[imsulin]

Lostdart58 - Princess is one of the lines that is VERY strict about demanding this notarized permission document. A valid Passport for her daughter is fine, but it does not give her permission to take her daughter out of the country without her father's permission - all it does is validate the fact that she is a U citizen. You'd be best getting a signed judge's order saying the natural father cannot be located. Check out the Princess Board....I've seen several threads about this on there. I work part-time as a TA, and this information is exactly what I give clients cruising on Princess who are in a situation similar to yours. You can call Princess at 1-800-421-0522.

[serene56]

Well Imsulin- thats good to know as I am looking to sail Princess in 2006. Alaska-im not leaving the country though--will I still need letters?

[imsulin]

Actually, you ARE leaving the country, because you will be entering Canada if you are leaving from, or arriving into, Vancouver, B.C. Canada can be as restrictive as Mexico for single parents entering with their children....even on a cruise. If you could pick up a Princess brochure at a local travel agency, I think there's a section in there about this.

[dkjretired]

In many cases these situations do not involve US Law but the cruise line follows the dictates of whatever country the ship will be visiting. For this reason, a court order or custody papers may not be valid because these other countries are under no obligation to follow the orders of US courts.

 

Check with the cruiseline and find out what they need before you do anything.

 

Below is a good web site for situation such as this.

 

Don

 

http://www.singleparenttravel.net/Writing/Documentation/Exceptions.htm

[serene56]

My ALaska cruise will be leving out of Seattle. It never goes to Canada.

(thats what I am leaning to because it is more affordable for airfare. (still researching.

[imsulin]

Right, Serene! The r/t Seattle Alaska cruises are definitely cheaper than the one-way Vancouver - Seward/Whittier (or vise versa) because of the air. On the other hand, you only go half-way up and then back. However, due to the Jones Act, only U.S. registered and crewed cruise ships can avoid stopping at a foreign port. Check out your itinerary carefully, because I bet you will be stopping in Canada at some point.