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TRAVELING
WITH MINORS OUTSIDE THE U.S. An enormous number of our readers have been asking about the documentation
requirements needed to leave the US with your minor child and without
his or her other parent. We hope this section will be helpful to
you. READ THIS FIRST: Don't Leave
Home Without It! SPECIAL EXCEPTIONS: Click here OBTAINING US PASSPORTS FOR MINORS Click
here Mom
Couldn't Withhold Consent To Passport From Missouri Lawyers Weekly
May 15 2000
Excellent article about a legal case (Fondell v. Telmer MLW No.
26409 May 5) where a mother tried to withhold consent to allow a
father to take their child to the Amazon. SAMPLE NOTARIZED LETTER HTML
PDF ENTRY REQUIREMENTS FOR:
United Kingdom
Mexico
Canada CONCERNS ABOUT ABDUCTION Tips
for Families at Risk for Parental Abduction Carlson Law Firm Australia: There is an Australian web site www.austlii.edu.au
which gives a link to US sites. The Australian site gives access
to all laws and cases over x years and can be used by people to
look up laws for themselves without paying a ton of money to a lawyer
- it's good to use before a lawyer is involved too, as people will
then have a clue about what's happening. You can search on cases
by entering key words - eg Geneva Convention on Civil Kidnapping
(I think) covers taking children from one country to another. Or
just type in child kidnapping.--Thank you, C. D. for this info.
READERS' COMMENTS Sep. `03 Single Parent Tours just returned from our Single Parent Family
Fun week at Beaches Boscobel in Ocho Rios. None of the single parents
that went to Jamaica were asked for a notarized letter by the Jamaican
Immigration authority. July `03 "Based on your heads up in spring 2002, I renewed my son's passport
earlier than needed to meet the deadline before my trip to Paris
with him in June 2000. This saved a lot of aggravation trying to
get my ex to sign the passport forms. I have also used your tips
on contacting embassies ahead of time and using the templates you
provided for travel documents. Like a few of your respondees, my situation includes a hostile
ex husband who I'd rather not have to ask for signatures for my
eight-year-old son. My son and I are traveling to Ecuador for 2 weeks this August with
other families that I have met thru him. Per your suggestions I
contacted the Ecuadorian embassy, they do not need the info for
my son to enter but signed and notarized documentation is needed
for him to LEAVE Ecuador. I asked his father to sign the blank form you provided from your
website. As he is in arrears for payments due to me, he asked that
in exchange for the arrears (over $3,000) he would sign the travel
authorization. Such manipulation and extortion is not uncommon with
abusive exes. Is there anything you or your readers can share that would help
me? My passport has my maiden name; my son has his dad's name. Considering
the problems this causes, I would recommend to mothers getting divorced
(when they can) to keep their married name especially on passports
after divorce." - M. GLOBALBRENDA ANSWER: Have any of our readers dealt with
this situation before? Q: "I will be leaving soon to go to the Bahamas. My child
who is 15 and has a passport will be traveling with me. We have
made this trip twice before and I have had a notarized letter from
his father (we are divorced) each of those two times. This year
I have been unable to secure "the letter" as his dad is traveling
and I cannot reach him. I do have my divorce papers that state that
I have "sole and exclusive custody". Is this enough documentation
in and of itself without the notarized letter from the father?"
- S. GLOBALBRENDA ANSWER: "It would seem that your sole custody
papers should suffice. As a double check I would call the airlines
you are flying and your local Bahamian Consulate office. Take down
names, dates and times when you call. " D. W. wrote, "I called [the
Mexican Consulate and] found out that due to the fact that the father's
name was not on the birth certificate, they did not require a notarized
letter from him." - D.W. More information on documentation needs
can be found at http://www.SingleParentTravel.net/Writing/Documentation/
June `03 C.B. had an unusual situation, " When I traveled to Mexico, I was
told by the airline that all I needed for my son was an original
birth certificate. I did not even ask my ex for a letter, as I thought
I did not need it. We went to Mexico, had no problems, and no one
ever asked for a letter. We got lucky I guess. The problem now is
that my ex is threatening legal action for me taking our son out
of the country. He knew we were going to Mexico, and seemed glad
that our son was getting to go. I guess he was hoping we would fly
down and be denied entry because he knew we needed a letter. He
never voiced an objection about us taking him. Oh well, it worked
out. Thanks again for your help! D. W. wrote about her experience with the letter of consent: Thank
you for your help. ..I was able to get another phone number for
the Mexican Consulate, . and to speak with someone (who informed
me) that due to the fact that the (my son's) father's name was not
on the birth certificate, they did not require a notarized letter
from him. When K.G booked a flight to Hawaii through SunTrips she was told
that she needed documentation from her son's father in order to
enter Hawaii! K.G. was stunned; she knew she needed the documentation
to enter a foreign country, but not to travel in the states. GlobalBrenda followed up by calling SunTrips and verified that
the ONLY documentation requirement for a minor (child under 18)
traveling to Hawaii is a birth certificate and, preferably if you
have it, a photo ID to go along with it. If you have a passport,
that solves the problem in one fell swoop. S.R. passed on what Virgin Airways said about documentation required
for entering the UK, "You will not need an authorization letter,
just the child's passport will be fine. Virgin Airways Customer
Services" R.F. inquires, :I'm arranging a family vacation for all of my family,
children (all grown up) and grandchildren for December, somewhere
in a hot climate. One of my daughters has an eight-year old boy
whose biological father will likely be hostile to her--although
they are not and never have been married. The issue is requesting
a consent letter from him to take the eight-year old boy out of
the country. She would distinctly rather not have to request that
consent this year--is this requirement of a consent letter a matter
of US law or is a matter of the laws of some foreign countries?
If we all go to Puerto Rico, I take it this is just not a relevant
issue. If we were to go to Aruba, for example, would this still
be a US issue even though I'm told Aruba has not a requirement for
such a letter." GLOBALBRENDA'S ANSWER: " What a wonderful idea for a family
vacation! To answer your question, the letter of consent is required
by some countries - Mexico is one example - but not all. I am not
certain about Aruba. You would have to check with the Consulate
of Aruba and the airlines." C.B. told us of her conflicting advice; "I traveled to Cancun,
Mexico in 1998. (I am divorced and remarried). I traveled with my
son and his stepfather (my husband). We were advised that the only
documentation needed for my son was his original birth certificate.
We flew to Cancun, stayed a week and had no problems. I need to
know what year the law was changed that a notarized letter of consent
from the absent parent went into effect. Also, I have gotten conflicting
information concerning taking a cruise to Mexico, and docking less
than 24 hours. I was advised by the cruise line that a notarized
letter from the absent parent was not necessary. A travel agent
is advising me that it is. I appreciate any and all help!" GLOBALBRENDA'S ANSWER: "Sorry you are getting conflicting
information. It is not uncommon. I receive about 100 emails a week
from my readers; 20% of them concern documentation. Readers tell
me they also get conflicting information. I sense their frustration
and know it well from personal experience. You have two choices in the matter: 1) Gather all the information you can and take the minimum
required documentation 2) Gather all the information you can and
take the maximum required documentation, even if you are
not sure that you will need it. I highly recommend the second option. I do not know offhand what year Mexico changed its documentation
rules on traveling as a single parent. Perhaps your local Mexican
consulate can give you that answer. " May `03 G.L. was kind enough to share her experiences in obtaining proper
documentation needed to enter Mexico as a single parent with her
child. "I am the single mom of a 16 year old daughter. She has her
father's last name (on the birth certificate) but her father and
I were never married. I left him when she was 1 year old because
of abuse. I have a restraining order from 1989 suspending his visiting
rights which he never contested. We have had absolutely no contact
with him since that time. Do you think the restraining order, even
as old as it is, will be sufficient for proving it unsafe to try
to contact him? I don't even know where he is (nor do I want to).
I'm planning on visiting the Mexican Consulate as well, with this
documentation to see what they say." She later gave us an update: "The consulate first told me to go
to the courthouse to get a special order from the Judge stating
it would be unsafe to contact the father. This was useless. Since
no custody orders have been established, there is no case, and the
restraining order is expired, which makes it a moot point in the
eyes of the court. I went back to the consulate with the results
and they are now calling Mexico for me. The restraining order helps
but it is not exactly what the airlines wants. Keep your fingers
crossed for us, and maybe my experience can help someone else."
May `02 One of our readers, D.R. in the U.K, had some excellent comments
and pointed out some serious omissions in our April 2002 newsletter.
For clarity, I paraphrase some of his comment below. "For the section covering entry into the UK, you should make it
clear that you were referring to holders of US passports! Readers
of your e-zine may well be of other nationalities. Even a permanent
resident of the USA who holds (say) a Mexican or Filipino passport
will require a visa to enter the United Kingdom. Furthermore, the ticket requirement is for a return OR ONWARD ticket:
someone who arrives in Britain from the USA who shows a ticket for
further travel to another country (say France) is likely to be admitted
to the UK (although they may later have trouble persuading the French
authorities to let them in!). Your basic point is correct: the British Immigration authorities
do not attempt to verify that the adult travelling with a child
has any right to move that child from one country to another. (This
is also the case when leaving Britain, a fact which made possible
the international abduction of my son.) However, the British (and
US) authorities are exceptionally conscientious about returning
unlawfully abducted children if the proper procedures are followed."
As a special note, DR did succeed in securing the return of his
son from the Philippines: "assisted by lawyers in three countries,
private detectives, the Catholic Church within the Philippines and
even the leader of an Islamic secessionist movement there!" Thank
you once again DR and happy travels to you and your son. Feb. `02 "I was able to travel with my daughter with only a small problem
in Mexico. I didn't have any problem in Los Angeles since I have
a passport in her name and not just the birth certificate. The Mexican
Tourism Board told me that since they had changed the laws last
July that you need a letter from the other parent in order to get
a passport for a minor, that you no longer need a letter in order
to go to Mexico. Unfortunately that information has not made its
way to the immigration department at the airport in Cancun. "So there was no problem with me leaving LAX, but after waiting
an hour in line the man at the immigration counter in Mexico asked
me for the letter. I tried to explain to him about the changes and
that I had spoken to the Mexican Tourism Board and that they told
me that it would be okay. He clearly didn't believe me, but since
I was already in Mexico he decided to just let us through and not
call over his Supervisor. "I am very glad that I was able to go and had a wonderful trip,
but I probably won't be planning any other vacations to Mexico or
Costa Rica since they are the only places that have this law regarding
the letter. My daughter's father is a dead-beat-dad who works under
the table to avoid child support and it was very frustrating that
he was almost able to stop us from going on vacation." - C.C. Oct. `01 LB of NY pointed out an important entry requirement for Mexico,
"for single adults or single parents traveling into Mexico
with one or more children, the law requires that you present a notarized
letter in which the absentee parent gives you permission to take
the child or children out of the country. If you have sole custody
of the children, you should carry proof of that fact. The law is
not always enforced. Several times I have entered Mexico with my
children as a single parent and not been asked for this letter,
but single parent travelers to Mexico should be prepared. This requirement
does not pertain to all countries so check with the airlines or
your travel agent at the time you plan your trip." To send in your comments, please email Brenda@SingleParentTravel.net.
Back toDocumentation
Section
WRITER'S BIO
Brenda Elwell is the author of The
Single Parent Travel Handbook and managing editor of The Single
Parent Travel Network, a Web site and
free monthly newsletter chock
full of Single Parent Travel Specials.
A veteran of over thirty years in the travel industry, she has traveled
independently to more than 60 countries, half of them with her two kids
in tow. Brenda may be reached via e-mail at brenda@singleparenttravel.net.
If you liked what you read, please support The
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