traveling with a minor - waiver question

[dmbfiredancer03]

I am taking my niece on a cruise for her 13th birthday next year. Her mom/my sister and my BIL have decided to come as well as their own vacation. Here's the issue: my niece will be staying in my cabin and the other two will have their own. I don't think I need any kind of paperwork to allow her to stay in mine since her mother is coming, but I swear I read somewhere before that both parents must be on the cruise or you will need permission from one or both.

 

Now, her mother is coming, but my BIL is actually her step-dad (although technically he has NOT adopted her). My niece shares my last name, but her mother has her husband's last name. Do we need to get some sort of form filled out by her biological father? (who, ironically, we will see at one of the ports as he lives there in Key West)

 

The only thing I could find on the RCCL site is this:

 

Q: What if I'm traveling with a minor and I'm not the parent or legal guardian? A: Adults who are not the parent or legal guardian of a minor traveling with them must present an original notarized letter signed by the child's parent(s), authorizing the adult to take the child on the specific cruise, supervise the child and allow emergency medical treatment to be administered.

 

Please note: An individual's age on the date of sailing determines his or her status for the entire cruise vacation. Royal Caribbean International does not accept reservations for student groups. Please consult a travel agent for Royal Caribbean's group policies.

 

I really thought I saw somewhere before that you had to have both parents sign a letter. Does anyone have experience with this?

[jelbnl]

Your sister will only need a waiver if she has joint custody on your niece. If she has legal SOLE custody and the papers to prove it, that's all she'll need.

[dmbfiredancer03]

Your sister will only need a waiver if she has joint custody on your niece. If she has legal SOLE custody and the papers to prove it, that's all she'll need.

 

ok, great! I'm fairly certain she has sole custody and they just see each other on a "ok I have the time off, can she come down and visit?" basis.

Thanks!

[cb at sea]

You don't need anything for your niece to stay in your room. Once onboard, no one cares who sleeps where!

If the father is out of the picture, and wouldn't object to the child going on vacation, I don't think you'd need any of that "permission" stuff!

[ScotFi]

You don't need anything for your niece to stay in your room. Once onboard, no one cares who sleeps where!

If the father is out of the picture, and wouldn't object to the child going on vacation, I don't think you'd need any of that "permission" stuff!

 

Hi

 

I had a work mate who had re-married and took her daughter on a med cruise last year with Royal Caribbean. She had great difficulty getting on the ship as her duaghter had retained her fathers name (she was 9).

 

After much upset to the child and many questions they accepted that she was leaving of her own free will and expecting to return to her home address after the cruise. I am not sure if my work mate has sole custody but paper work is a must.

 

We took our grandson last year who has the same address, as his mother lives with us. We all have the same last name, got a notarised letter from his mum and dad although his father has no parental rights in this country but just to be sure. we were never asked for it but felt secure that we had it with us.

 

Scotfi:)

[CroozeAddict]

I just had to research this issue myself. My daughter and granddaughter are cruising with us in January and here's what I found out ...

 

Family Legal Documents

 

Should the last names of the parent and minor child traveling with them

differ, the parent is required to present the child's valid passport and

visa (if required) and the child's birth certificate (original, a notarized

copy or a certified copy). The name of the parent(s) and the child must be

linked through legal documentation.

http://www.royalcaribbean.com/beforeyouboard/travelDocumentation.do#Dom

 

If the mother has joint custody, a written (notarized) letter from the father and a state issued birth certificate is required to take the child outside of the country. If the mother has sole custudy, a notarized copy of the court order and state issued birth certificate (NOT HOSPITAL CERTIFICATE OF LIVE BIRTH) is required. A passport would be very nice to have too.

[dmbfiredancer03]

Thank you for all of the info... I will make sure to get it straightened out way before we leave!

[vavasmom]

I would have your sister check the actual wording of her custody order before assuming "sole" physical and legal custody. She may have sole physical custody but joint legal custody which would imply that her daughter's father still has rights relative to certain decisions. If that is the case she would need his permission to leave the country. I am not a lawyer but have had enough contact with the legal system to have learned the difference.

 

I am a single parent with sole physical and legal custody of my daughter but as part of the final divorce I changed my name back to my maiden name. The name on my custody order is my married name. RCCL has told me that in addition to my passport (prove who I am) I will need: 1) my daughter's passport 2) my custody order 3) my name change order since the name in the custody order is my former married name 4) her birth certificate (to prove I am mom). According to RCCL, and based upon other travel experience, both court orders and the birth certificate must be certified copies not just notarized photo copies.

 

My lawyer is not certain why I need her Birth Certificate with custody order but I am planning on taking all four just in case. Canada, which is very strict about crossing the border with minors, requires proof of US citizenship and the two court orders.

 

I always find it interesting I can take my niece with just her passport and a notarized letter from sister and her husband permitting the travel but need so much paperwork for my own daughter. If my sister were to take my daughter she would need a certified letter from me plus the court orders to prove my ex's permission is not required.

[dmbfiredancer03]

I would have your sister check the actual wording of her custody order before assuming "sole" physical and legal custody. She may have sole physical custody but joint legal custody which would imply that her daughter's father still has rights relative to certain decisions. If that is the case she would need his permission to leave the country. I am not a lawyer but have had enough contact with the legal system to have learned the difference.

 

I am a single parent with sole physical and legal custody of my daughter but as part of the final divorce I changed my name back to my maiden name. The name on my custody order is my married name. RCCL has told me that in addition to my passport (prove who I am) I will need: 1) my daughter's passport 2) my custody order 3) my name change order since the name in the custody order is my former married name 4) her birth certificate (to prove I am mom). According to RCCL, and based upon other travel experience, both court orders and the birth certificate must be certified copies not just notarized photo copies.

 

My lawyer is not certain why I need her Birth Certificate with custody order but I am planning on taking all four just in case. Canada, which is very strict about crossing the border with minors, requires proof of US citizenship and the two court orders.

 

I always find it interesting I can take my niece with just her passport and a notarized letter from sister and her husband permitting the travel but need so much paperwork for my own daughter. If my sister were to take my daughter she would need a certified letter from me plus the court orders to prove my ex's permission is not required.

 

Thank you for your post... I will talk to my sister about this in length for sure!

[kyriecat]

I just had to research this issue myself. My daughter and granddaughter are cruising with us in January and here's what I found out ...

 

Family Legal Documents

 

Should the last names of the parent and minor child traveling with them

differ, the parent is required to present the child's valid passport and

visa (if required) and the child's birth certificate (original, a notarized

copy or a certified copy). The name of the parent(s) and the child must be

linked through legal documentation.

http://www.royalcaribbean.com/beforeyouboard/travelDocumentation.do#Dom

 

If the mother has joint custody, a written (notarized) letter from the father and a state issued birth certificate is required to take the child outside of the country. If the mother has sole custudy, a notarized copy of the court order and state issued birth certificate (NOT HOSPITAL CERTIFICATE OF LIVE BIRTH) is required. A passport would be very nice to have too.

So does that mean if Mom has remarried and taken her new husband's last name that she must bring a copy of her marriage certificate? A court order and birth certificate for the child would have the mother's name at the time the document was issued listed. That might be different than her current name.

[dmbfiredancer03]

So does that mean if Mom has remarried and taken her new husband's last name that she must bring a copy of her marriage certificate? A court order and birth certificate for the child would have the mother's name at the time the document was issued listed. That might be different than her current name.

 

What I am worried about is my sister even finding all this information... she is not very good at keeping track of documents.

[kyriecat]

I've been considering allowing my nephew to come on a cruise with my mom and I, but maybe I ought to hold off a couple more years until he hits 18. Trying to track my sister's paperwork would be a nightmare. My nephew has the same last name as my mom and my maiden name (also same as nephew's) is on my passport as my middle name so it might not be too bad if they don't ask questions. However, if I have to present my sister's information tying her to him via legal paperwork, I've got to have her locate 3 marriage certificates because she keeps taking her husband's last name and keeping it after the divorce until she remarries.

[vavasmom]

So does that mean if Mom has remarried and taken her new husband's last name that she must bring a copy of her marriage certificate? A court order and birth certificate for the child would have the mother's name at the time the document was issued listed. That might be different than her current name.

 

That is my current problem. My custody paperwork has my former (married name). My DD's birth certificate has my maiden (and current) name. I think anyone who has common sense could see the relationship without my name change order but that is technically not what is required. I understand the need to prevent parental kidnappings and don't want to have my vacation ruined because of an avoidable paperwork issue. If carrying all this paperwork were to become too burdensome, I would consider requesting from the court a revised custody order with corrected name. For now, I travel with all the certified paperwork together in a envelope. She is about to turn 13 so before I know it this will all be a memory of the past (if the next 5 years go as quickly as the first 13).

[beachchick]

You don't need anything for your niece to stay in your room. Once onboard, no one cares who sleeps where!

If the father is out of the picture, and wouldn't object to the child going on vacation, I don't think you'd need any of that "permission" stuff!

 

Yes, the countries involved (US and other) can require proof that either the traveling parent has sole custody or that the non-traveling parent is allowing the child to be taken out of the country and/or to specific countries.

 

It is reckless to say not to worry about it because you "don't think" they need any "permission stuff." Likely, there will not be questions and the documentation won't be requested. However, if the immigrations agents or others checking documentation require the proof and the traveling parent can't provide it, parent and child can be denied boarding for the cruise. It doesn't matter that most parents aren't asked for it, the fact is that it can be required.

 

So does that mean if Mom has remarried and taken her new husband's last name that she must bring a copy of her marriage certificate? A court order and birth certificate for the child would have the mother's name at the time the document was issued listed. That might be different than her current name.

 

Technically, yes.

 

beachchick

[CroozeAddict]

So does that mean if Mom has remarried and taken her new husband's last name that she must bring a copy of her marriage certificate? A court order and birth certificate for the child would have the mother's name at the time the document was issued listed. That might be different than her current name.

 

Yes ... If the court documents have her listed as a different name than the one she's currently using, she must verify who she is.

 

To verify what I've been saying, all you have to do is call 1-888-407-4747 (State Department Child Immigration). I would call the number and not rely on all the "sea lawyers" on this site. (No disrespect intended):D

[Spurs Fans]

The standard custody order in the State of Texas provides for the parents to be "Joint Managing Conservators." This has nothing to do with who the child resides with or how often the non-custodial parent visits with the child. It is rare now to find situations in Texas where one parent is Managing Conservator and the other is Possessory Conservator, they are mostly Joint Managing Conservators.

 

So, a word to the wise would be to have your documentation in order.

 

(I am a family law attorney in Texas.)

[dmbfiredancer03]

I found out that my sister has "sole custody" but there is no paperwork for it because there is no father listed on the birth certificate. The father pays child support but my sister opted to not add him to the birth certificate.

 

My niece will have her passport, birth certificate and my sister is bringing her marriage license/cert to show her maiden name (which is the same last name as me and my niece) as well as her own passport.