Notorized letter with Sole Custody?

[MissKIA]

I don't know what forum to put this in, so I'll just put it here!

I am divorced and re-married. My kids are 12 and 15 years old. I have always gotten my ex to sign a notorized letter to take my kids out of the country (I live in Canada). I have never actually been asked for it, but I know the one time I don't have it they will ask! He can be a royal PITA when it comes to getting this letter so it's very frustrating. He lives on the other side of the country and really has little to no involvement in our children's lives.

Anyway, I was recently told that since I have sole legal custody of both kids that I do not need his permission to travel with them. Does anyone know if this is true or have any experience with this?

:isclaimer:: Yes I realize that calling a lawyer is my best bet, but lawyers cost money. lol

 

[NotUrsula]

As long as you have legal sole custody and can show the official original paperwork that proves it, you should not need his specific permission to transport your child into the US.

Whether or not you need it each time you leave Canada, I couldn't say.

 

[golfgal]

I know in the US if minor children get a passport both parents need to be present to apply for the passport and then this issue is avoided in the future. Check with your passport office if this is the case in Canada too and then maybe go this route???

 

[scrapquitler]

I don't know what forum to put this in, so I'll just put it here!

I am divorced and re-married. My kids are 12 and 15 years old. I have always gotten my ex to sign a notorized letter to take my kids out of the country (I live in Canada). I have never actually been asked for it, but I know the one time I don't have it they will ask! He can be a royal PITA when it comes to getting this letter so it's very frustrating. He lives on the other side of the country and really has little to no involvement in our children's lives.

Anyway, I was recently told that since I have sole legal custody of both kids that I do not need his permission to travel with them. Does anyone know if this is true or have any experience with this?

:isclaimer:: Yes I realize that calling a lawyer is my best bet, but lawyers cost money. lol

Maybe you can get him to write a letter that give you permission to take them out of the country "at any time".

 

[MissKIA]

I know in the US if minor children get a passport both parents need to be present to apply for the passport and then this issue is avoided in the future. Check with your passport office if this is the case in Canada too and then maybe go this route???

Oh yeah, I forgot to mention. They already have passports. I did have to show my custody papers when we applied and they did not contact him for permission.

 

[PixieDustandEeyore]

I know in the US if minor children get a passport both parents need to be present to apply for the passport and then this issue is avoided in the future. Check with your passport office if this is the case in Canada too and then maybe go this route???

Both parents don't have to be present (born and raised in Ottawa, Ontario)
My father was not home much due to peace keeping tours for the military and had no issues getting a passport.

 

[golfgal]

Both parents don't have to be present (born and raised in Ottawa, Ontario)
My father was not home much due to peace keeping tours for the military and had no issues getting a passport.

Things may have changed since you were a child-this is a fairly new rule in the US.

 

[SaraJayne]

Both parents don't have to be present (born and raised in Ottawa, Ontario)
My father was not home much due to peace keeping tours for the military and had no issues getting a passport.

In the US they do.

 

[MissKIA]

Maybe you can get him to write a letter that give you permission to take them out of the country "at any time".

That's what I was considering trying to do before I heard I may not even need this letter at all!

 

[It'sWDW4me]

I don't know what forum to put this in, so I'll just put it here!

I am divorced and re-married. My kids are 12 and 15 years old. I have always gotten my ex to sign a notorized letter to take my kids out of the country (I live in Canada). I have never actually been asked for it, but I know the one time I don't have it they will ask! He can be a royal PITA when it comes to getting this letter so it's very frustrating. He lives on the other side of the country and really has little to no involvement in our children's lives.

Anyway, I was recently told that since I have sole legal custody of both kids that I do not need his permission to travel with them. Does anyone know if this is true or have any experience with this?

:isclaimer:: Yes I realize that calling a lawyer is my best bet, but lawyers cost money. lol

If you also have sole physical custody, then I don't think you would even need a letter from him at all. The purpose of the letter is to protect the non-custodial parent's visitation rights (so that the primary custody parent doesn't skip country leaving non-custodial parent with no way to visit with the children).

 

[Magic Mom]

Things may have changed since you were a child-this is a fairly new rule in the US.

My husband wasn't present when I got my daughter's passport a year ago. I used a durable power of attorney. No problem at all.

 

[NHdisneylover]

Things may have changed since you were a child-this is a fairly new rule in the US.

yes it is a fairly recent development. We did not need both of us present for the first two passports for our kids but did for the most recent ones.
As a PP mentioned you can get around this with a durable power of attorney. Also if you have sole legal custody--you just show that paperwork. Or, if one parent is deceased you can show the death certificate.

If you were a US Citizen then all you would need would be your paperwork showing you have sole custody--no letter.

 

[Belle0101]

I know in the US if minor children get a passport both parents need to be present to apply for the passport and then this issue is avoided in the future. Check with your passport office if this is the case in Canada too and then maybe go this route???

Things may have changed since you were a child-this is a fairly new rule in the US.

How new is this rule? I've been led to believe, within the last 12 months, that because I have sole custody of DS15 his father does not even have to be informed of a passport application.

For that matter, I don't even have to ask permission to travel. The only requirement is that I let him know the dates of travel and an emergency contact number. Nothing more.

 

[NHdisneylover]

How new is this rule? I've been led to believe, within the last 12 months, that because I have sole custody of DS15 his father does not even have to be informed of a passport application.

For that matter, I don't even have to ask permission to travel. The only requirement is that I let him know the dates of travel and an emergency contact number. Nothing more.

The rule does not apply to parents with sole legal custody. You just need your paperwork showing that. NO worries.

 

[golfgal]

How new is this rule? I've been led to believe, within the last 12 months, that because I have sole custody of DS15 his father does not even have to be informed of a passport application.

For that matter, I don't even have to ask permission to travel. The only requirement is that I let him know the dates of travel and an emergency contact number. Nothing more.

I am not sure but when I took DS18 to get his passport they said that he needed both parents there to apply...until we told him he was 18-he looks a lot younger. Minor children being 16 and under in this case.

 

[NHdisneylover]

I am not sure but when I took DS18 to get his passport they said that he needed both parents there to apply...until we told him he was 18-he looks a lot younger. Minor children being 16 and under in this case.

I fully admit this is nit picky--but I know people get easily confused about passports for some reason and do not want someone taking away wrong information from this thread: Minor passports are for UNDER 16. 16 year olds get an adult passport (but 16 and 17 year olds ahve special application rules to follow:
http://travel.state.gov/passport/get/minors/minors_4313.html )

 

[drag n' fly]

I don't know what forum to put this in, so I'll just put it here!

I am divorced and re-married. My kids are 12 and 15 years old. I have always gotten my ex to sign a notorized letter to take my kids out of the country (I live in Canada). I have never actually been asked for it, but I know the one time I don't have it they will ask! He can be a royal PITA when it comes to getting this letter so it's very frustrating. He lives on the other side of the country and really has little to no involvement in our children's lives.

Anyway, I was recently told that since I have sole legal custody of both kids that I do not need his permission to travel with them. Does anyone know if this is true or have any experience with this?

:isclaimer:: Yes I realize that calling a lawyer is my best bet, but lawyers cost money. lol

I have direct experience with this. I live in Canada also. Yes this is true OP. If you have legal sole custody of your children and have it in writing eg: Queens bench or family court order then you can pretty well go wherever you want.

 

[NHdisneylover]

I have direct experience with this. I live in Canada also. Yes this is true OP. If you have legal sole custody of your children and have it in writing eg: Queens bench or family court order then you can pretty well go wherever you want.

Hurray for someone who actually knows the answer!

 

[MissKIA]

I have direct experience with this. I live in Canada also. Yes this is true OP. If you have legal sole custody of your children and have it in writing eg: Queens bench or family court order then you can pretty well go wherever you want.

That is exactly what I wanted to hear! And from someone who has direct experience! That is SO great to hear! Thanks for your response! That's alot of exclamation points! LOL

Ummm now that I think of it. Do you know if it matters that he does have reasonable access to them(whatever that means) That's what it says on our divorce agreement. I have sole custody and he has reasonable access.

 

[drag n' fly]

That is exactly what I wanted to hear! And from someone who has direct experience! That is SO great to hear! Thanks for your response!

Ummm now that I think of it. Do you know if it matters that he does have reasonable access to them(whatever that means) That's what it says on our divorce agreement. I have sole custody and he has reasonable access.

Funny you should mention that. I have exactly the same situation. No it does not matter as I have the exact same thing written in mine. Since he lives so far away all you need to do is provide a time and a place for visitation and that's it. You are not required to incur any expense to provide him visitation either. Since you have sole custody it is entirely up to you where, when and for how long the visitation is. Chances are with him being so far away you won't see much of him anyways lol. You can travel without notice. If he requests visitation you are only required to let him know when a convenient time would be