International Travel With Minors

[bellasmom]

What is the name of your state? Pennsylvania

Hello, I have a few questions that I hope someone can answer regarding going through customs from/to United States.

I have been unable to take my daughter out of the country because I haven't been able to get in contact with her father. I understand that I need a notarized letter to pass through customs without both parents listed on the birth certificate present. I have read all the information at the State Department website regarding this.

I am hoping that someone can give me information on how to leave the country without him present & without the notarized letter stating that he agrees to it. I'm not trying to kidnap my daughter. Not that he'd notice if I did.

Custody is not determined.

I really hope that some one can answer, it would be terrible for my daughter to never be able to travel until she's an adult only because we can't get in contact with her Dad. There's got to be a way!

 

[stealth2]

Once she's 14, she can get a passport w/o parental consent. And "my daughter [will] never be able to travel" is somewhat drama laden. Of course she will be able to - when she's an adult.

 

[bellasmom]

Hmm, thanks I guess.

That's all well and good, but a passport just isn't going to cut it. You need a notarized letter of permission from the parent not present when boarding your flight. Also, you can be prevented from entering the foreign country upon arrival.

So again, does anyone know if there is a way to travel to a foreign country without the notarized letter of permission from the parent not present?

 

[stealth2]

Get a court order allowing the trip. Or wait until the child is of age.

 

[bellasmom]

I guess this was kind of borderline outside the parameters of this web site (US Law Only), so I won't fault Stealth2 for being unable to come up with a helpful response both times he posted. Because the United States participates in an international effort to prevent across borders kidnapping, I thought maybe someone would know the rules.
Fortunately I was able to finally find some information regarding this subject. I found some information at a site called singleparenttravel.net. For anyone else who has encountered this problem, contacting the foreign consulate should be your first step. Depending on your situation, they will be able to help you determine what information you will need to gain entry/exit. Check the website out for more specific info.

 

[stealth2]

All nice and fine. But what a foreign entity requires won't help you with an American carrier who refuses to allow the child to board due to lack of proper documentation. In addition, your court order likely does not permit you to remove the child from the United States w/o either the other parent's or the court's permission.

But keep on deluding yourself.

 

[ceara19]

Go to court and get the custody matter settled. It should be very easy to gain SOLE custody if he is nowhere to be found. I travel out of the country several times a year with my children and I have never had a single problem. Personally, I have never even been questioned, but if I am stopped, my custody order is proof that I have sole discretion concerning matters regarding the children.

 

[JBMD]

Hmm, thanks I guess.

That's all well and good, but a passport just isn't going to cut it. You need a notarized letter of permission from the parent not present when boarding your flight. Also, you can be prevented from entering the foreign country upon arrival.

So again, does anyone know if there is a way to travel to a foreign country without the notarized letter of permission from the parent not present?

Why is a passport not enough?
I guess I'm confused ... I've never heard that you need a letter to go along with the passport.
The court ordered my ex to sign so that i could obtain a passport. Isn't that enough??

 

[Ohiogal]

Why is a passport not enough?
I guess I'm confused ... I've never heard that you need a letter to go along with the passport.
The court ordered my ex to sign so that i could obtain a passport. Isn't that enough??

No. The passport gives the child permission to venture outside the borders when appropriate and legal. However what is appropriate and legal in cases of divorced parents is either a court order for each specific trip or notarized permission from the non traveling parent.

 

[JBMD]

No. The passport gives the child permission to venture outside the borders when appropriate and legal. However what is appropriate and legal in cases of divorced parents is either a court order for each specific trip or notarized permission from the non traveling parent.

And how might they know that the child is not traveling with its biological parents.

For example, if i take my son, myself and my fiance on a trip out of the country. who is going to question/know that i and my fiance are not his biological parents?

And why wouldn't the judge have ordered her to write this "note" in court when he ordered her to sign the passport application.

 

[ceara19]

And how might they know that the child is not traveling with its biological parents.

For example, if i take my son, myself and my fiance on a trip out of the country. who is going to question/know that i and my fiance are not his biological parents?

And why wouldn't the judge have ordered her to write this "note" in court when he ordered her to sign the passport application.

They have no way of knowing for sure. I travel out of the US with my children regularly, as a SINGLE parent, and I have never been asked for proof of permission (which I have via court order). However, I have seen what appears to be 2 parent families traveling with children that have been spot checked to make sure that the adults ID matches the child's birth certificate. I have also seen parents denied boarding at the airport and entrance to the country at the destination airport when they did not have the proper permission documentation.

Permission must be obtained for each individual trip. So even if a judge approves a trip at the time the passport is approved, each subsequent trip would require a notarized letter from the other parent or a court order. The other option is a broad court order giving the parent sole discretion to make the decision to travel abroad (which is what I have).

 

[LdiJ]

They have no way of knowing for sure. I travel out of the US with my children regularly, as a SINGLE parent, and I have never been asked for proof of permission (which I have via court order). However, I have seen what appears to be 2 parent families traveling with children that have been spot checked to make sure that the adults ID matches the child's birth certificate. I have also seen parents denied boarding at the airport and entrance to the country at the destination airport when they did not have the proper permission documentation.

Permission must be obtained for each individual trip. So even if a judge approves a trip at the time the passport is approved, each subsequent trip would require a notarized letter from the other parent or a court order. The other option is a broad court order giving the parent sole discretion to make the decision to travel abroad (which is what I have).

I agree with this. However if someone has sole custody, plus a passport, permission isn't needed.

So if someone wants to travel, and the other parent is awol...filing for sole custody is an option.

 

[ceara19]

I agree with this. However if someone has sole custody, plus a passport, permission isn't needed.

So if someone wants to travel, and the other parent is awol...filing for sole custody is an option.

My custody order not only states that I am the sole managing conservator, but it also specifically addresses travel. Technically, it shouldn't be necessary to have travel spelled out with an order for sole custody or specified in a separate order. The problem is that there is no uniform terminology across the country. The average person working at the ticket counter or gate at the airport may not know that the order for sole custody gives that parent the right to travel outside of the US with the child without the other parent's permission.

 

[bellasmom]

Wow, I'm glad so many people responded. Thanks a lot!

I don't know about you guys, but vacation is expensive, and I don't want to risk paying for it and not getting there. So if I am granted sole custody, I also want a travel stipulation included. Nothing like piece of mind.