Taking someone else's kid.

[kylieh]

We're thinking of heading back in September/October next year. I know forever away But for this trip we're thinking of taking DN7 (dear Niece) with us - as a side note she's coming to the Gold Coast with us in January for a week, if all goes ok and DD8 and her don't argue constantly we'll ask her to come with us to DL. My BIL and SIL know of the plan and they love the idea.

My question, has anyone taken a niece/nephew/next door neighbour's kid etc with them to the USA? Did you need any special permission notes? I thought I'd do some asking first rather than calling the embassy yet - I can't find any notes on the US Embassy website about this. She does have the same surname as us.

 

[BecBennett]

We took my brother last time.

Had no problems, so long as their passport and ESTA is all done you wont have any problems.

 

[Oz-kateer]

There are no issues - I wouldn't be calling the consultae or whatever as it could raise more issues than it resolves.

I'm about to travel with my niece and nephews and have been right through all of this with a solicitor.

As long as the child has a valid passport and an ESTA you will be okay.

All the better if your passports are all Australian.

If the child has the same family name as the rest of the party it's unlikley that an eyelid will be batted.

However just in case you are asked for one, get a letter from the child's parent(s) along with a copy of their birth certificate advising who the child is travelling with, when they are travelling, the fact tha travel has been arranged with the parent or guardians full knowledge and consent and that the child will be returning to Australia immediately after the travel. Make sur ethe letter gives full contact details for the parents in case you get an over-excited immigration officer who wants to call and confirm.

My solicitor and Australian immigration also advised that it is helpful to write the child's home address on the departure card as the same address as the person who will have responsibility for the child overseas, and have the child included on the family travel insurance policy.

I was strongly advised to NOT LIE to US immigration, however don't offer up any information unless you have to. Don't tell them she is your niece unless they specifically ask.

You'll most likely by 100% fine but it's better to have the paperwork on hand in case it's required.

 

[glendalais]

It's always recommended to carry at least a letter, preferably notarized, authorizing you to take children outside your immediate family.

U.S. Customs and Border Protection officers do reserve the right to question foreign nationals and/or deny them entry into the United States in cases where they believe there to be a case of International Child Abduction. It's actually a fairly common occurence along the US-Canadian border. I very much doubt they would force Australian tourists to get back on the plane and fly back across the Pacific, but you just never know.

Here are some examples for you:

http://photos.state.gov/libraries/u...ns-acs/sample_letter_of_consent_to_travel.pdf
http://www.voyage.gc.ca/preparation_information/consent-letter_lettre-consentement-eng.asp

And the official stance on the matter;
https://help.cbp.gov/app/answers/detail/a_id/449/kw/consent/p/0/c/0

 

[platypus67]

I travel with my DD without my DH and I now take a stat dec stating that the child has permission of the other parent to travel. I would think that this would be a good idea to have in this case as well. As a rule I don't get asked, but the year before last I went without it and received a big lecture to the effect that if the child had been younger they could have denied entry or detained us, but because she was 13 at the time and was able to convincingly assure them that her dad was well aware that she was travelling they "let it go this time". I had checked it out, mind you only through my TA and was told it wasn't necessary. The immigration official also "politely" told me that I had been misinformed. Maybe they were having a bad day, who knows, all I know is I don't leave home without one now. This is just my own personal experience, but a stat dec costs nothing and takes a couple of minutes. (We both have the same last name and travel on Aussie passports.)

 

[Oz-kateer]

I've got a proforma letter that was given to me by Australian Immigration if you want to PM me I'll be happy to pass it on.

Don't go to the expense of buying a stat dec if you haven't already got one on hand as stat decs are void outside Australia anyway, and Australian Immigration don't require one in case you get questioned at the airport when you are leaving Australia - a letter will do.

I travelled with my own son last year when he was 6 and never got looked at twice by the immigration officer who asked us for our passports, took my fingerprints and biometric face picture, stamped, stapled, and then wished us a nice stay. No questions at all about whether he was my son and why there was no dad with us. But I still had a letter just in case.

 

[kylieh]

Thanks all - I've taken notes from all of the above and will get a Notarized Doc for the US. Just in case. DH says that our solicitor can do US Notary work (he has some type of permission) so as the time gets closer we'll go and see him.

 

[platypus67]

I actually had a letter which I took to get witnessed by a JP and they refused to witness it instead had me reproduce the letter onto a stat dec which they provided at no cost.

 

[JennyN]

We have done this three times, first we took DH two nieces ages 7 and 10, then a few years later we took my 2 nieces ages 7 and 9 and then a couple of years ago took another niece aged 11. All of these girls had different surnames to ours. Each time we took a letter signed by their parents, and a witness, giving us full legal guardianship and the right to make all decisions, including medical and legal decisions for them. We have never a had a problem, but we always told people (ie immigration and travel insurance) that they were our nieces. The memories for both the girls and us made every moment worth it.

 

[Aust]

This is all good info for me, not for my trip to DL (I will be kid and husband free!) but because my girls are going to Phuket with their grandparents when I go to DL with my sister and niece.

Oz-Kateer, I am interested in the proforma letter from Immigration - is it on a government website or something? And are they the people to contact about this? I've been having trouble finding out the necessary info. Thanks!

 

[heidispidi]

I spose I should trouble my ex for a letter saying I'm allowed to take our daughter out of the country, blah blah blah. WIll likely be too hard for him though (sorry).

 

[aussiegirls]

I spose I should trouble my ex for a letter saying I'm allowed to take our daughter out of the country, blah blah blah. WIll likely be too hard for him though (sorry).

LOL, no need to apologise Heidi. It was only reading this thread that actually made me even think about doing the same thing (and I get the, will be too hard for him sentiment) but I had no problem last time. Wasn't even questioned. The ex had to sign for the girls passports so I suppose that might have been enough.

I'm not going to bother

xxx

 

[heidispidi]

Hey Aussiegirls, that's what I thought, I wouldn't bother, but then I think my sis (Aust) wants me to get a letter so there's no hold-ups LOL. I actually rang her dad and asked if he'd write me a letter, which he said sure...and then proceeded to tell me that he was going to send me some money for my daughter to spend while we're away, in a card (not registered mail or anything)...so I don't know when I'll get a letter, but I have few months to nag him (( Don't know where the money will come from though as he also told me he lost his job last week)).

 

[aussiegirls]

Hey Heidi, it sounds like we have the same ex

xxx