Do I need their Dads signature?

[chik1987]

I have joint legal custody of my children with my ex husband. He has not exercised any parenting time with them in over 2 years, has not paid support etc. Will Disney make me get his signature on some form giving me permission to travel out of the country with them? Both children have passports that I was able to obtain without his signature since I have no idea where he is and he as been out of contact for so long. I had been in discussions with a lawyer about getting permission from the judge to obtain a passport on my own because I didn't know if the state department would allow my exemption and he brought up making sure that I would be ok to travel without any kind of permission from him. I have seen documents for minors traveling without either of their parents but I wasn't sure in my situation if anything would be needed.

EDIT: I did call Disney too and as far as they are concerned their exact words were "as long as the child is with 1 parent or guardian that's good enough for us you don't need anything else - they will just need a birth certificate or passport to prove their identity"

 

[Markonefive]

I would advise calling Disney. Also, you may have issues crossing national borders in and out of Canada, US. The problem is "joint legal custody" documentation. I think you are doing the right thing in consulting a lawyer. Notaraized documents are always a good idea, not just photocopies.

 

[chik1987]

I would advise calling Disney. Also, you may have issues crossing national borders in and out of Canada, US. The problem is "joint legal custody" documentation. I think you are doing the right thing in consulting a lawyer. Notaraized documents are always a good idea, not just photocopies.

Thats what I'm saying I don't know how this all works as I have never traveled out of the country. Does EVERY parent have to prove that their kids are in fact theirs and that they have permission to travel out of the country? I was under the assumption that as long as I had their passports that I wouldn't need to bring birth certificates etc for the children. Am I wrong? I just want to be prepared. I will call Disney when we know more about the dates of travel etc but I was curious from others who have been in similar situations what their experience was.

 

[Maggie'sMom]

Which cruise are you taking? It matters as there are some countries that are more strict when children are traveling with only one parent. Canada is one that is very strict about not letting children cross their borders without permission from the absent parent documented. So if you are planning an Alaska cruise, it's an issue. If you are planning a Bahamas or Caribbean cruise, it's less of an issue.

I always recommend that a single parent traveling with their kids out of the country get a signed, notarized letter from the absent parent stating that they are granting permission for the trip. It is not required by the US Customs and Border Patrol, but they do "highly recommend" it. They have the option of delaying your travel if they feel you might be taking the kids out of the country without the other parent's permission. However, most parents are able to take cruises without this documentation and they won't be questioned. I've traveled both with and without the letter and never been asked for it. I get the letter just in case I am ever challenged.

In order to get the kids' passports without their father's signature, how did you document for the State Department that their father was out of touch? I was unclear on that from what you posted above. Did the judge give an order allowing you to obtain the passports? If so, take a copy of that along.

ETA: DCL itself has no requirements for documentation if only one parent is traveling. They do have a form that needs to be completed if a child is traveling with other adults who are not their parents.

 

[chik1987]

Which cruise are you taking? It matters as there are some countries that are more strict when children are traveling with only one parent. Canada is one that is very strict about not letting children cross their borders without permission from the absent parent documented. So if you are planning an Alaska cruise, it's an issue. If you are planning a Bahamas or Caribbean cruise, it's less of an issue.

I always recommend that a single parent traveling with their kids out of the country get a signed, notarized letter from the absent parent stating that they are granting permission for the trip. It is not required by the US Customs and Border Patrol, but they do "highly recommend" it. They have the option of delaying your travel if they feel you might be taking the kids out of the country without the other parent's permission. However, most parents are able to take cruises without this documentation and they won't be questioned. I've traveled both with and without the letter and never been asked for it. I get the letter just in case I am ever challenged.

In order to get the kids' passports without their father's signature, how did you document for the State Department that their father was out of touch? I was unclear on that from what you posted above. Did the judge give an order allowing you to obtain the passports? If so, take a copy of that along.

ETA: DCL itself has no requirements for documentation if only one parent is traveling. They do have a form that needs to be completed if a child is traveling with other adults who are not their parents.

We are planning a Bahama cruise in October 2017. Apparently you still need to take birth certificates with you then? I thought once you obtained a passport you didn't need to carry their birth certificate anymore. There is a form you have to fill out (The DS5525 Statement of Exigent/ Special Family Circumstances). I filled out that form giving them his last known address/phone number/ employment etc and just stating our situation that we have joint legal custody and he has supervised parenting time. He hasn't seen or contacted me or the children in 2 years and that he doesn't talk to any member of my family or his own family. I also gave them contact information for members of my family as well as his parents contact information. I sent in certified copies of our court documents dealing with custody and parenting time. Apparently my lawyer said they look into the situation and contact family members (although none of my family was contacted so idk) as well as look into the "risk" that you would be obtaining the passport to run off with the kids. From there they make the decision if to issue a passport or not.

 

[Hundredacre]

I have joint legal custody of my children with my ex husband. He has not exercised any parenting time with them in over 2 years, has not paid support etc. Will Disney make me get his signature on some form giving me permission to travel out of the country with them? Both children have passports that I was able to obtain without his signature since I have no idea where he is and he as been out of contact for so long. I had been in discussions with a lawyer about getting permission from the judge to obtain a passport on my own because I didn't know if the state department would allow my exemption and he brought up making sure that I would be ok to travel without any kind of permission from him. I have seen documents for minors traveling without either of their parents but I wasn't sure in my situation if anything would be needed.

I don't think it matters. If you are going to the bahamas or carribean you don't even need a passport. Kids travel with grandparents etc too. They are just tied to the adult listed on their room.

 

[wilkeliza]

So you don't have their passports currently you just have applied for them? Hopefully you get them as you won't have to show their birth certificates if you have a passport for them.

As PP mentioned it will depend on which cruise you are taking. A closed loop cruise starting in the US, you probably won't have an issue. Starting in Canada would be an issue as they are the closest country that is very big on having both parents or proof of permission.

If he has been out of the picture for 2 years it may also be time to get your custody agreement changed. If there is anything in the custody agreement that states you can't take them across state lines or out of the country with out his permission then you need to work on getting that removed. Disney isn't going to read your custody documents but you don't want the stress of knowing he could come out of hiding just to make your life miserable if you go against the agreement.

 

[Maggie'sMom]

We are planning a Bahama cruise in October 2017. Apparently you still need to take birth certificates with you then? I thought once you obtained a passport you didn't need to carry their birth certificate anymore. There is a form you have to fill out (The DS5525 Statement of Exigent/ Special Family Circumstances). I filled out that form giving them his last known address/phone number/ employment etc and just stating our situation that we have joint legal custody and he has supervised parenting time. He hasn't seen or contacted me or the children in 2 years and that he doesn't talk to any member of my family or his own family. I also gave them contact information for members of my family as well as his parents contact information. I sent in certified copies of our court documents dealing with custody and parenting time. Apparently my lawyer said they look into the situation and contact family members (although none of my family was contacted so idk) as well as look into the "risk" that you would be obtaining the passport to run off with the kids. From there they make the decision if to issue a passport or not.

You don't need the birth certificates. You are correct that you don't need those if you have the passport. For a Bahamas cruise, I would probably just not stress about this. It's very unlikely they would stop to question you, and even if you did get questioned, explaining the circumstances would probably be enough.

 

[m&p'smom]

I have always cruised with just me and my daughter and never had anything but her passport and birth certificate with me. I took her birth certificate since we have different last names, just in case there was ever a question. Never had anyone question anything.

 

[Maggie'sMom]

I don't think it matters. If you are going to the bahamas or carribean you don't even need a passport. Kids travel with grandparents etc too. They are just tied to the adult listed on their room.

If a child is traveling without either parent present, there is a form DCL requires to be filled out and signed by the parents granting permission.

 

[lanejudy]

While it is recommended to have a letter from the non-traveling parent, it likely will not be an issue. It's always possible to be asked, so just be truthful about the situation. My husband and I are married but he has been asked at the Canadian border when traveling alone with our daughter. But only once.

As long as your daughters have passports, you don't need birth certificates.

I do suggest that you have your lawyer look into at least amending the custody agreement so there is no question that the father is not active in that "joint custody" agreement. I didn't catch the date of your cruise so there may not be time for an official judgement on that, but it's something to work towards anyway.

Enjoy your cruise!

 

[chik1987]

So you don't have their passports currently you just have applied for them? Hopefully you get them as you won't have to show their birth certificates if you have a passport for them.

As PP mentioned it will depend on which cruise you are taking. A closed loop cruise starting in the US, you probably won't have an issue. Starting in Canada would be an issue as they are the closest country that is very big on having both parents or proof of permission.

If he has been out of the picture for 2 years it may also be time to get your custody agreement changed. If there is anything in the custody agreement that states you can't take them across state lines or out of the country with out his permission then you need to work on getting that removed. Disney isn't going to read your custody documents but you don't want the stress of knowing he could come out of hiding just to make your life miserable if you go against the agreement.

I got their passports in the mail last week so yes I do have passports from them. We discussed with the attorney about changing custody and his advice is "let sleeping dogs lay" kind of deal because it would just end up getting expensive for me once I end up footing the bill for everything (because my ex doesn't have a job currently he checked), trying to track him down etc. There is NOTHING in the custody agreement stating I cannot take them out of the country or out of state. We are going on this cruise so my DF and I can get married. After that we will probably end up petitioning for a step parent adoption.

 

[Hundredacre]

If a child is traveling without either parent present, there is a form DCL requires to be filled out and signed by the parents granting permission.

Did not know that but it makes sense!

 

[Hundredacre]

I got their passports in the mail last week so yes I do have passports from them. We discussed with the attorney about changing custody and his advice is "let sleeping dogs lay" kind of deal because it would just end up getting expensive for me once I end up footing the bill for everything (because my ex doesn't have a job currently he checked), trying to track him down etc. There is NOTHING in the custody agreement stating I cannot take them out of the country or out of state. We are going on this cruise so my DF and I can get married. After that we will probably end up petitioning for a step parent adoption.

I also am a big let sleeping dogs lie person, but that might just be that I like avoiding confrontation. It just seems like people are very unlikely to give up any power they might have without "compensation" of some kind, even if they are not exercising that power.

 

[chik1987]

I also am a big let sleeping dogs lie person, but that might just be that I like avoiding confrontation. It just seems like people are very unlikely to give up any power they might have without "compensation" of some kind, even if they are not exercising that power.

Yea I know what you mean. By that time he will be over 20K behind in child support so he said our best bet is to have that debt forgiven in the adoption as long as he doesn't contest it and he said in that situation generally people won't have a problem with it.

 

[nancyjo1998]

I have sole legal and physical custody of my DS. I was able to use that paper work to obtain his passport. (I know not same situation as you). But all I needed to travel with him was his passport, Disney did not ask for any other paperwork when we checked in at Port Canaveral.

 

[chik1987]

While it is recommended to have a letter from the non-traveling parent, it likely will not be an issue. It's always possible to be asked, so just be truthful about the situation. My husband and I are married but he has been asked at the Canadian border when traveling alone with our daughter. But only once.

As long as your daughters have passports, you don't need birth certificates.

I do suggest that you have your lawyer look into at least amending the custody agreement so there is no question that the father is not active in that "joint custody" agreement. I didn't catch the date of your cruise so there may not be time for an official judgement on that, but it's something to work towards anyway.

Enjoy your cruise!

We have 18 months or so before the cruise but our lawyer advised against it generally because he will go against and fight anything I want because hes just an butt head. It may be something we have to look at in the future but I figured as long as the state department was willing to give me a passport without much hassle I don't see it being too much of a problem. The kids will be 10 and 12 when we go on the first cruise and even older once we will be making any further travel arrangements (we would like to go to Alaska at some point) so it wouldn't be hard to explain the situation to whoever and show them I got passports without him. They could confirm everything with the kids since they would be old enough to know whats going on and answer their questions. Our lawyer said the biggest thing is having good job history, mortgage, family contacts etc that will make you seem like you are less likely to run off and not come back (which is why I'm guessing I was allowed to get a passport in the first place). I also plan on getting a notarized letter from his parents stating that we haven't had contact with them and that I am not a risk of running off with the kids. Don't know if that would mean much but thats what our lawyer suggested.

 

[chik1987]

I have sole legal and physical custody of my DS. I was able to use that paper work to obtain his passport. (I know not same situation as you). But all I needed to travel with him was his passport, Disney did not ask for any other paperwork when we checked in at Port Canaveral.

Did you get asked anything getting on and off the ship?

 

[JustCallMeMommy]

This is just anecdotal, but I didn't get any questions about DD or her dad at all when the two of us did a Disney cruise.

In my case, my ex would probably have been glad to write a letter, but getting him to go out of his way to get it notarized would have been unlikely.

 

[summerrluvv]

I wasn't required to show proof of anything when I traveled with my kids on the cruise solo with them. DCL nor Customs asked a single question.