Custodial parent travelling with a child

Old May 14th, 2005, 05:10 PM
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Custodial parent travelling with a child

My sister, her 10 year old daughter and her boyfriend are flying from Toronto to San Diego, possibly spending a day in Mexico. I am wondering if she will have problems crossing either of these borders without the child's father. Does she need written permission from the father? They have travelled by car to New York without any problems.
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Old May 14th, 2005, 05:13 PM
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I thought a written permission from the other parent is required always.
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Old May 14th, 2005, 05:20 PM
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How formal should the written permission be? As far as I know, her ex is just going to hand write something, and ANYONE could do that.
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Old May 14th, 2005, 05:26 PM
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Hi bluenose. This subject has been discussed on Fodors before.

First question: What does the court papers say regarding the custodial rights that your sister has in regard to her child? Do the legal papers state that your sister has to get a written and notorized letter from her child's father to remove her from Canada?
Your sister is in Toronto. I am in California. Even in the US all 50 states have different rules.
Your sister should, after reading her legal documents and talking to her attorney regarding this subject also check out the laws regarding taking a child into Mexico.

My understand is that to take a child into Mexico without both parents present with the child is not permissable without the proper legal documentation. This due to so many children that have been taken out of their own country by one parent and never returned.

Lots of legal questions here. And why are you asking these legal questions on Fodor's for your sister? Why isn't your sister taking the resonsibility to pursue this matter with the proper people? Are you concerned about this situation perhaps? Sounds like a potential problem to me.

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Old May 14th, 2005, 05:35 PM
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I thought it sounded like it might be problematic also, but my sister does not seem too concerned about it. Actually, she is not divorced yet, and there are no legal papers. The separation was rather amicable and did not involve lawyers or courts. It's not my business, but I was curious if anyone had any first hand experience with this. I would hate to see them get no further than the departure gate!
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Old May 14th, 2005, 05:40 PM
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Hi bluenose,

You may be interested in this link to info found on the US Customs & Border Protection website:

http://help.customs.gov/cgi-bin/cust...i=&p_topview=1

Perhaps your sister should check with the Canadian authorities as well.
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Old May 14th, 2005, 05:42 PM
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Maybe you could check with the airline you're using..
I saw this comment on a website:
"...If one parent is planning to visit Mexico and is taking a minor child, remember to get a notarized letter from the other parent granting permission for the child to travel abroad..."
www.travelyucatan.com/info-11.htm

"..I learned that Mexican immigration requires a notarized statement from the non-accompanying parent, an adoption decree if you are not the child's biological father, a death certificated if your spouse has passed away, or other legal documents befitting other circumstances..."
www.detailshere.com/mexicominorchildren.htm
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Old May 14th, 2005, 05:43 PM
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Hi bluenose, you sound like a good sister. Do go onto Google, and find out the entrance requirement for travellers going into Mexico. I am almost certain that Mexico requires a signed and notorized document for any traveller bringing a child into Mexico without both parents. And if your sister feels that her boyfriend can pass as her daughters father, well I have read stories of the immigration people taking a child aside and questioning them. That would not be a good thing. Best wishes to you.
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Old May 14th, 2005, 07:48 PM
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I don't know about the rules leaving Canada, but (although I haven't tried to do this myself) we have been to Mexico four times, and as far as I know, they are very strict about this. She must have a notarized permission letter from the child's father or she will not be allowed in the country. Since their separation is amicable, what is the problem with her getting such a letter? I certainly wouldn't try it without the letter. And as far as the boyfriend passing as the child's father, don't you think the Mexican authorities will notice the different names on their identification?

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Old May 14th, 2005, 07:53 PM
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as i understand it, if the child has a PASSPORT, this is enough to travel with one parent.

check with immigration.
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Old May 14th, 2005, 08:33 PM
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Although I can't swear to this, I really don't think the child having a passport will help. Mexico is strict about having the notarized permission letter because of so many divorced parents who lost custody trying to kidnap their own children, and of course Mexico is a popular place to run to for people living in the US.
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Old May 15th, 2005, 06:41 AM
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I hate to break it to you - but if there is no offfical separation or court involvement in the deterination of custody your sister is not the custodial parent. The child is simply living with her. She doesn;t have custody unless assigned it by a court.

I agree she should consult her attorney - and get one if she doesn;t have one. She may well get away with this - but again she may not - and who needs all that awkwardness to save a few $.
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Old May 15th, 2005, 07:01 AM
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Bluenose,
My sister, who is divorced and has custody of the kids regularly travels to Mexico from the US. Her kids all have passports, but she also needs a notarized letter from their father stating that he allows the travel out of the country. I don't beleive you are permitted to fly out without it. I do not know the Canadian laws, but I think the airlines may be able to help.

I hope this helps.

Travelatte
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Old May 15th, 2005, 07:23 AM
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Where did anyone get the idea that bluenose's sister was trying to pass off the boyfriend as the child's father or that she was just being cheap?

I got this from Google in about 2 minutes.

From the Canadian Consular Affairs website (http://www.voyage.gc.ca/main/pubs/mexico-en.asp)

"Immigration authorities in most countries, including Canada and Mexico, are becoming more vigilant about documentation for children crossing international borders. Since December 11, 2001, Canadian children need their own passport. However, if you hold a valid Canadian passport issued before December 11, 2001, that bears the name of your child, the passport will remain valid for both you and your child until it expires or until your child reaches the age of 16, whichever comes first. If your child is travelling without you, he or she is required to have a separate passport.

If only one lawful parent accompanies the child, certified consent from the absent parent must be presented in addition to a copy of any separation or divorce decree, if applicable. This consent is required even if the separation or divorce documents award custody of the child to the accompanying parent. If there is only one parent named on the child’s birth certificate and the child is travelling with that parent, no additional documents are required. If the child is travelling with only one parent and the other parent is deceased, the death certificate must be presented. If original documents are not available, you must obtain a notarized statement to this effect to present to authorities."

There are sample letters available at the site.
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