Laura147

Would any of you know will there be any difficulty if one parent travels outside of the US with children who are minors without written consent of the other parent??? Thanks in advance for the info.

soccr

Faint fragrance of troll, here.

Laura, the "without written consent" part raises big red flags. This suggests an ugly divorce and a custody battle, and if the parent left behind has legal rights at all, the traveling parent will be breaking the law. So BIG trouble then, right? And tougher still if the kids need medical help and traveling parent is hiding from authorities, etc. etc. etc. You've seen it on TV, you know what I'm talking about.

But are you just asking about the absence of two parents while traveling? Shouldn't be a problem -- e.g., what if you are talking about one parent with kids flying somewhere to MEET the other parent. Obviously, no problems, right?

What are you really asking here? If Mom and 2 kids are traveling together, will border officials ask where Dad is? Or if kids need to go to hospital, will hospital officials ask for permission from BOTH parents to help the child?

What are you asking?

jlm_mi

Yes. You need written consent of the other parent. There's a small chance that they won't ask you for it, but they have really cracked down on this in recent years and many people have been turned away at the border for not having the needed consent.

If the other parent cannot be reached for consent because of abandonment, etc. then you can probably get legal documentation of such that would be sufficient, but I have no idea what the specific requirements would be in that case.

Laura147

My husband's ex-wife plans to take 2 minor children to the Dominican Republic on vacation. He was not asked for permission...he was told by his kids that they are going. You guessed it...an ugly divorce.

Anonymous

If he doesn't want them to go, he can notify the airlines.

That said, I have traveled with my children internationally and have never been asked to provide proof that I have their dad's permission.

soccr

Get your brother's lawyer involved PRONTO.

soccr

Sorry, I meant, get your HUSBAND's lawyer involved. (yes, I have a similar situation in my family.....)

Cassandra

She can't do that unless your husband was stripped of all parental rights. But the "authorities" have to be notified if she tries to take them in defiance of his wishes, so getting a lawyer involved, with legal notice to her not to try it, is very important.

Ryan

Here's a link to the State Department travel section pertaining to the Dominican Republic:

http://travel.state.gov/family/abduc...untry_489.html

The US does not stop one parent from traveling with their minor children. Any restriction usually occurs from the country they are destined for and it seems in the case of the Dominican Republic, a passport might be required - but not neccessarily required. If that is in fact the case and the children are under 14, I don't believe they can get a US Passport without the consent of both parents.

The best place for info on the Dominican Republic would be the state department website.

Ryan

I read of few of the other posts after I posted. The fact is your brother's right to prevent their travel will be governed by the custody agreement he has with his ex. My wife has traveled to Canada with our 3 year old twice for business. She was NEVER asked to present proof that I consented.

The US does not have a restriction on children traveling with one parent, especially if the minor child has a valid passport. The US's only method to prevent unapproved foreign travel is the dual signature requirement for a passport.

Cassandra

Wow, Ryan, that was helpful, and also worrisome for Laura147's husband. Obvious now why the Ex chose Dom. Republic for her "vacation." Hope this doesn't mean she isn't planning to come back.

So if she manages to get them to the airport, he's going to be pretty much out of luck?

His only leverage is the terms of the custody agreement (which should say something like she can't take them out of state without permission) and possibly child support.

Once again, acting quickly -- before they get to the airport -- would seem to be critical.

Cassandra

In other words, its only in the local (state) jurisdiction that he can have any effect on what she does, so he needs to take action in that jurisdiction, pronto.

Laura147

Thank you all for this great info. I am going to "suggest" that my husband contacts his attorney today.

capxxx

Get a notorized letter from your husband saying he is aware that you are travelling and does not object. I am in a perfectly happy marriage but got all kinds of grief from Canadian officials when I travelled with my 10-yr old son.

They wanted proof that I was going where I said I was going, they took him aside for some grilling (Does your dad know where you are? Do you see your dad often?), and they chewed me out for not having a notorized letter from my husband.

Get the stupid letter, save yourself some trouble.

Anonymous

LOL capxx, you need to re-read the thread! It was posted by the NON-traveling parent.

soccr

(psssst, capxxx, it's sometimes helpful to read answers to the original post before you post)

threehearts

I have just returned from London with my nine year old who has my husband's last name(not mine). My husband was not traveling with us so we went to a notary and had our permission letter stamped. I was surprised that I was not asked for the letter but glad that I had it. I wish thay would ask as my husband is a Swedish citizen and in a less happy circumstance, I suppose he could just take the children to his country without any problem. Threehearts

jlm_mi

Just as with any other laws, enforcement cannot be 100%. That doesn't mean that it couldn't happen to you in the future.

Laura147 - Is your husband truly concerned that his ex may take the children to the Dominican Republic and not return? Or is he just upset that she wants to do this and didn't get his permission? Most people are not aware that it's best to have a notarized form from the non-traveling parent giving permission, so it seems extremely likely that the thought just never occurred to her. And if she is the custodial parent (or they share custody) why would she feel the need to get his permission to take the children on vacation outside of this border-crossing issue?????

Hopefully he will consent without harrassment to their trip and provide a notarized letter saying so, unless he truly does feel that she may take them and not return. In that case, of course talking to an attorney now before it's too late is a good idea.

Laura147

jlm_mi, There are too many issues to discuss here. However, the ex-wife has made my husband's visitations miserable since the divorce. He does not wish for his children to be denied a trip, just wants to know if there is any chance that the kids could be prevented from going once arriving at the airport. The permission letter may be a point of negotiation to try to ensure smoother visitations.

Everyone has been so helpful and thoughtful with their replies. I really appreciate it!!

jlm_mi

Laura - Sorry, I wasn't really asking for you to hash it all out here. Just providing points to ponder before acting.

I was the child of divorced parents who did everything in their power to remain amicable for the sake of me and my two brothers. I have the deepest respect for them that they did this despite their differences, but I assure you that if either parent had been trying to be manipulative my respect would have gone out the window unbelievably fast.

I just wanted to bring up some things for your husband to consider when deciding how to proceed.