Do I need a signed letter from "Dad" to take son on cruise?

[momsgoofy]

As a parent who has had sole custody for 10 years and an ex who has been practically nonexsitent I was appalled to find that I might need that "permission slip" from the ex to take my son on a vacation.

I first contacted DCL via email to get their take on the situation and was told because I have SOLE custody I did not need the "permission letter", only a certified copy of his birth certificate. Since then we have been told and have decided to get passports for each of us (DH, DS, and me) to ease the travel situation...fewer papers and less hassle when traveling with a passport.

Although there are those who will disagree with me that using the certified copies of your birth dertificate are easier than using a passport. All I can say is - to each his own. I just would hate to lose (or have stolen) a certified copy of my birth certificate since it enables a person to access all kinds of information...I don't want to be a victim of identity theft.

In any case, I had read at the DISboards that BOTH parents had to be present when applying for a minor child's passport. Well, the ex lives in California and we've had minimal contact in the past 10 years so not easily done. The other option is that the ex fill out the "permission form" for the passport services. The rep at the US post office told me because I have SOLE custody I only need to include a certified copy of my divorce decree stating that I indeed have SOLE custody with the passport application. I sent an email to the passport services for verification and what the rep told me was correct. I do not need "permission" from the ex for me to take him out of the country nor to apply for DS's passport. It cost me $4 to get a copy of my decree certified by the issuing courthouse. I did inform the ex that I am applying for DS's passport just as a courtesy. I have yet to hear a reply.

I believe the important issue is WHO HAS CUSTODY? Is it SOLE? Or is it joint? Does the custody papers state any requirements for travel with the minor child? If the answer is joint or there are requirements, then the "permission letter" is probably required by DCL. Someone in a previous post mentioned difficulity when traveling to Mexico and I can say this is true and has been for many years. My cousin traveled there back in the 70s with a family friend without a birth certificate or permission letter and his father had to travel to the border to verify my cousin was a US citizen. If it was that way 20 years ago I can't imagine that the requirements for re-entry into the US have changed.

The website for the passport services is www.travel.state.gov There is a wealth of information here and if you decide to contact them via email as I did, it shouldn't take long. I had a reply within 3-4 days.

Sorry for the length of this post. It is truly a subject that I feel strongly about for personal reasons. I do understand the reason for all of the requirements placed upon the divorced parents of children in the US. There are some people who steal their own children for whatever reason and I am reassured that the ex could not apply for a passport for DS or take him some place without my permission. :space:

Laura ºoº

 

[FredS]

Originally posted by momsgoofy
...
I first contacted DCL via email to get their take on the situation and was told because I have SOLE custody I did not need the "permission letter", only a certified copy of his birth certificate.
...
The rep at the US post office told me because I have SOLE custody I only need to include a certified copy of my divorce decree stating that I indeed have SOLE custody with the passport application. I sent an email to the passport services for verification and what the rep told me was correct. I do not need "permission" from the ex for me to take him out of the country nor to apply for DS's passport.
...
I believe the important issue is WHO HAS CUSTODY? Is it SOLE? Or is it joint? Does the custody papers state any requirements for travel with the minor child? If the answer is joint or there are requirements, then the "permission letter" is probably required by DCL. Someone in a previous post mentioned difficulity when traveling to Mexico and I can say this is true and has been for many years. My cousin traveled there back in the 70s with a family friend without a birth certificate or permission letter and his father had to travel to the border to verify my cousin was a US citizen. If it was that way 20 years ago I can't imagine that the requirements for re-entry into the US have changed.

There have been quite a few threads on this issue. From those who have actually done this it was overwhelming response that DCL does NOT require a "permission letter" if you are traveling with your own children.

If you have some unusual restrictions in your divorce decree then you have responsibility to abide by those, but DCL is not going to go there, or at least has not done so for anyone else. Also, the Western cruise goes to Cozumel, Mexico, and again, no questions, no custody documentation, nothing other than certified copy of birth certificate and my statement that I was the parent was required for our cruises. (I think your friend's problem was not having proof of American citizenship and had nothing to do with parental permission.)

 

[traycie2201]

I am so confused on this one, i've taken my son out of the UK on numerous occasions over 10 years and never asked my ex's permission , he has minimal contact and i know he'd refuse to sign anything to help me out. This issue had never even crossed my mind until i read this thread.
I contacted my solicitor this morning and was told as i'm the parent with care i can take him out of the country on holiday for up to a month, however this directly contradicts the information on the government passport site (waiting for a response from an email to them ) I also contacted the court to check if i have a residency order ( i don't ) but they also weren't aware that i needed to get anything signed by my ex, i'll have DS's passport , birth certificate, divorce decree ( no mention of child on it) with me in case i run into issues, fingers crossed i won't as i really dont want to have to speak to ex to resolve this.

 

[LindaBabe]

Within the last month - Mother and 2nd husband taking 17 yo son on graduation trip to the Carribean. 1st husband has been dead many years. They had to telephone my friend to get into their house and find the death certificate for the late husband and FAX it to the company before they were allowed on the plane/boat - I forget which.

 

[Cruise04]

My boss had a problem and they have passports - this was last January - and they were going to Mexico. So I would only be concerned on the Western Cruise. Her last name is not the same as the child's last name. Her child has her last name as her middle name and the dad's name as her last name (the parents are married and they adopted this child). They were held up at two airports with many questions about if she really was the parent, blah blah blah. And this was with a passport. So they have now decided they also need to carry the birth certificate when they go to Mexico. Mexico enacted some law in regard to American individuals kidnapping their own children and escaping to Mexico.

For me, getting that signed note was for my own personal feel. So that he couldn't come back and say that I was trying to withhold her from visitation or take her away from him. I have sole custody and there are no provisions regarding travel. And in the US, if you get a passport you have to send proof of custody to get the passport for the child but don't have to carry it around unless otherwise stated.

So, if you have never gotten a passport - in my opinion it's the best thing to do.

 

[Lxnme2]

I'm a divorced parent, too, with sole custody, no shared parenting arrangement. I called DCL directly and they told me that since I'm the residential parent with custody, no permission from ex is required and DCL will not stop me to ask what right I have to bring along my DS. They also told me that I am not required to bring along a divorce decree, but I sent away for a certified copy and plan to bring it along anyway. I also contacted my attorney just to be sure, and she told me that DCL's position is correct. The purpose of being the residential parent or having sole custody is to avoid questions and issues such as this......at least that is the law of the jurisdiction where we live. Just to ease your mind, why not call your lawyer and DCL.

Have a great cruise.

Lxnme2

 

[bynum66]

My husband has backed out of our upcoming cruise - only wants to do the land portion. I was told by my travel agent that I would need a notarized letter from him stating that it was okay for me to take my child on the cruise. Better to be safe than sorry.

 

[snsfrady]

We were worried about taking my husband's daughter on our recent cruise. He has primary physical custody and shared legal custody. They were never married and he is not even listed on the birth certificate. They have different last names. The mother has been married twice since the birth, so her name doesn't even match the birth certificate. We went through all the hassle and paperwork to get his daughter a passport. I am glad we did. They just looked at the passport and let us pass. We did have a letter from the mother saying that we could take her out of the country, but never needed it. Better to be safe than sorry.

 

[traycie2201]

Hi I got a response from the United Kingdom Passport Agency that says

"Thank you for your enquiry. As long as you have the childs valid passport you can travel out of the country with him.
Thank-you"

So i guess i'll be okay, will take some other docs with me just in case of questions.

 

[momsgoofy]

In rsponse to my previous post FredS wrote...

"There have been quite a few threads on this issue. From those who have actually done this it was overwhelming response that DCL does NOT require a "permission letter" if you are traveling with your own children."

When I originally booked my cruise back in January, my TA who booked directly through WDW Travel Co., was told that I DID need to have that blasted letter which is what began my concern. As I have stated it didn't set well with me and investigated this on my own and found out (after explaining that I have sole custody) I don't need the ex's permission to do squat concerning traveling with my son.

So, my point is that DCL may give varied responses and or information. Originally, DCL only knew that DH and my last name was different from that of DS. I assume this prompted the need for the "permission". When in doubt, check directly for yourself about something. It can ease your mind greatly!

Laura ºoº

 

[graygables]

So, is the assumption that if the child has a passport, then they have permission to travel out of the country since now oth parents are required to sign? My 16yo DD has her passport (hers was a renewal, so no permission was necessary), but I don't want to bring any extra paperwork that I don't need (I have sole custody of 16yo).

 

[traycie2201]

graygables, i'm not sure if the same applies if you are not uk resident i can only speak for myself when the passport agency have told me i don't need, i was also advised by my solicitor that if you have sole custody you don't need permission either , best advice would be to take your custody letter and passport and check with your own solicitor / attorney.