Child Consent Form Ex not signing

Has anyone ever experienced the ex not signing the form? The ex is being an A$$ and is refusing to sign it. He signed the form for the NCL Sky cruise we took last year. ugg Going to call my attorny on Monday to see if we can push something thru the courts for them to grant me permission. He hasnt been involved in her life for 5 years and just in the past year has contacted me to see her. Against my better judgement I agreed to a meeting in November in a public setting and have not heard from him since then. I will also be asking my attorny to file papers so that I can have sole custodity so I dont have to deal with this in the future. Kicking myself now because I didnt do this sooner but who knew that we would love cruising so much. :D Cruise for friday is paid for and no refund if they ask for the form and we cant board which would suck but I still plan on enjoying my weekend getaway with my daughter even if it is a land based beach vacation. Ok I think I am done venting.

Has the notary expired on the previous letter of consent? Was the letter limited to that one sailing? I have a general letter of consent allow my son to leave the US with me, my 23 year old son and with my parents- this is to cover all possible reasons. It is signed by both of us. The notary usually lasts a couple of years. If what you are telliing me is true- you are well rid of this man. I hope you can get this resolved. If not, plan B. could be Orlando! She won't be sad if you do something like that.

Has the notary expired on the previous letter of consent? Was the letter limited to that one sailing? I have a general letter of consent allow my son to leave the US with me, my 23 year old son and with my parents- this is to cover all possible reasons. It is signed by both of us. The notary usually lasts a couple of years. If what you are telliing me is true- you are well rid of this man. I hope you can get this resolved. If not, plan B. could be Orlando! She won't be sad if you do something like that.

The consent had the details of the Sky cruise. I hope it works out too and I am not going to stress about it. I plan on us enjoying ourselves regardless of what happens. I am so glad that I booked the short cruise prior to taking the cruise in Nov when we have the suite and a lot more money involved. Orlando is a great idea I think I will research that idea before we leave friday. Thanks

I obviously can't give you legal advice but if you don't get the letter- take your divorce decree, both your birth certificate and her birth certificate (passports if you have them) and the old letter of consent. I suspect they won't even ask for it on RCI. I have never been asked for it on Disney, Celebrity or Royal but they may have gotten stricter. I don't want you to be nervous but its worth a try since they won't give you the money back if you cancel.

Again, I would appeal to your ex. It may simply be that he is too lazy to take it to be witnessed. Banks do it and he might even have someone where he works that can do it. If you fax him something- make sure to make it all purpose like

My child ___________________ has permission to travel outside of the United States with the following people (your name)_______________________ and (his name)___________________________.

Oh- we are going to be in Orlando from April 19th- 25th, so if it ends up you need a place to stay by all means contact me at rhowell1965@yahoo.com We have a one bedroom condo near Sea World.

I obviously can't give you legal advice but if you don't get the letter- take your divorce decree, both your birth certificate and her birth certificate (passports if you have them) and the old letter of consent. I suspect they won't even ask for it on RCI. I have never been asked for it on Disney, Celebrity or Royal but they may have gotten stricter. I don't want you to be nervous but its worth a try since they won't give you the money back if you cancel.

 

Again, I would appeal to your ex. It may simply be that he is too lazy to take it to be witnessed. Banks do it and he might even have someone where he works that can do it. If you fax him something- make sure to make it all purpose like

 

My child ___________________ has permission to travel outside of the United States with the following people (your name)_______________________ and (his name)___________________________.

 

Oh- we are going to be in Orlando from April 19th- 25th, so if it ends up you need a place to stay by all means contact me at rhowell1965@yahoo.com We have a one bedroom condo near Sea World.

I forgot about Sea World that would be good to. Thank you for the offer to stay. My sister n laws mom lives Jupitar Island ..couple hours from the port so that is an option as well for us.

We both have passports and I retained the same last name as my daughter so I am sure that will help not to raise attention to us. When he signed the consent form last year I also managed to get him to sign the consent to get the passport. I guess I have known that it would be hard to get him back up to sign these forms. If I could go back in time I would have made it a general consent form to travel. The new form I sent him included both cruises for this year. Didnt realize I could get away with a general form.

I am 99.9% sure you will get onboard but if not- you have a backup plan and your child will have a wonderful time either way. Something tells me they won't have the heart to look into her eyes and turn her away!:

sorry - wrong thread

Something tells me they won't have the heart to look into her eyes and turn her away!:

Are you kidding?

OP - odds are you will have no problem, even without this letter for your particular cruise. However, advise you to follow through and contact your attorney Monday and see what they can do. Good luck. My ex, after months of requests, usually returns the letter the day before departure.

I agree that you should follow through with the courts.

I would also note that a general letter of permission, mentioned above, is not legally sufficient to allow you to travel with a minor without both parents. Even things like a power of attorney that allows someone to obtain health care for your child has a statutory expiration date where I live, because there's a legal presumption against giving people perpetual rights to your kids absent a more formal decree from the courts.

If the cruise line or the countries where you are traveling pay attention (which, granted, they don't always do, but you can't count on this), you need either sole legal and physical custody, or a notarized letter of permission with specific travel plans (dates, name of ship, countries to be visited). You should not count on being able to use a "this person has permission to travel with my child whenever, wherever" type letter.

Oh- don't get me wrong, she should most definitely consult with her lawyer about this and future cruises but you are wrong about the general letter of consent. I used it in Alaska and in the Caribbean with no problems whatsoever. They look for a notary stamp and permission from the non-custodial parent. In fact, I went to Canada last summer and had a new permission form filled out by my ex. No one even asked for it. We drove through the border at Niagra Falls and both my kids have different last names than myself and each other. We are a motley crew- so I make sure to bring any and all documentation. No one asked for anything other than our passports.

But do bring whatever the cruise line asks your for. Anything stating that the child can leave the US with said parent is permission.

I just have to say, nothing upsets me more than adults using kids as pawns in divorce games and pulling such stunts. Hope you get on your cruise with no problem. Also contact your lawyer and take steps so this is not a future worry.

Ok- the big picture here.... I have flown to Europe now a total of four times in the past 8 years with a child that I have physical custody of. You do not have to bring any evidence of custody on plane trips to Europe. None whatsoever.

They assume that a young child can only get a passport by obtaining the necessary permission to travel outside the US. So if you are the parent and have a different last name... I would bring the birth certificate and all evidence that you are indeed the mother. They may ask the child at security... "who is this lady". They ask my son what grade he is in sometimes and who I am.

What I discovered is that they worry about parents taking kids over to Canada more than anywhere else and this is why they ask for permission. I was there last August 2010 at the border and no one asked for it. The cruise line will more than likely ask for a copy of your custody agreement and the letter of consent. That's it but there is no reason to get the OP overly concerned about the legal language in the consent letter. Yes, if you have a form for each cruise with the name of the cruise line.. great but if it is general and the notary stamp hasn't expired... you are fine.

I wanted to add that NCL was the only line that ever asked me for permission in the Caribbean and I have sailed Disney(2005), Royal(2006,2008), Celebrity (2004,2006) to the Caribbean and was never asked for this documentation. I suspect there was a problem or lawsuit associated with NCL regarding this because they not only asked for it- they asked me for it twice- once at check-in and once at boarding. So if it was NCL, I'd be giving her different advice.

In Canada- they checked at check-in and told me to bring the paperwork off the ship in Victoria. Very strict and this was Princess Cruise line.

Oh- don't get me wrong, she should most definitely consult with her lawyer about this and future cruises but you are wrong about the general letter of consent.

I'm a lawyer. I obviously can't give you legal advice anonymously, but what I can say is that while you may have had no trouble thus far with your general letter, it is not legally sufficient.

If you are departing from the U.S., every state has adopted custody and kidnapping laws that are designed to prevent child kidnapping. There is a federal law designed to prevent removal of children from the U.S. to other countries. When you are departing from the U.S. by sea, land, or air, these laws should be enforced - you should be required to prove that you are authorized to remove this child from the country. Many of our neighboring countries, including Canada and Mexico, have their own requirements about transporting children across their borders.

I stand by what I say above - you may have encountered lax enforcement, but I would not assume that it will always be that way. You are not supposed to be able to remove children from the U.S. without very explicit permission from the parents, and the best and safest document to have is one that identifies specific travel plans, or a court order awarding sole legal and physical custody.

Yes- I agree with you but again the cruise line does not send you a form they ask for a letter of consent. If they required said form... then I would download it and make sure I brought it. I have given this advice to other posters- especially grandparents because I am not a lawyer. I am just giving advice based on my experience. I have read that in Germany they sometimes ask for custody information and I DO have this with me and the letter of consent. So I am not traveling without it but if you have just the cruise line consent and then say were asked for it when traveling on a side trip through Germany... the cruise line consent would not suffice because that is particular to the cruise passage. Real life is that you can't always get a detailed form and that's why I would get the letter of consent. The bigger problem is probably when the non-custodial parent is traveling.

After reading this I doubt there will be any issue at all. In fact, if your child was traveling with a grandparent or non legal guardian only one parent is even required to sign a statement allowing said child to travel. Yeah!

Family Legal Documents

Should the last names of the parent and minor child traveling with them differ, the parent is required to present the child's valid passport and visa (if required) and the child's birth certificate (original, a notarized copy or a certified copy). The name of the parent(s) and the child must be linked through legal documentation.

Different Surnames (Last Names):

If a woman has several surnames on different documents such as birth certificate and drivers license, then she must bridge the difference with other documents, such as, marriage license and/or divorce papers. The additional bridging documents must be the original or a certified or notarized copy.

Adults who are not the parent or Legal Guardian of any minor child traveling with them are required to present the child's valid passport and visa or the child's birth certificate (original, a notarized copy or a certified copy) and an original notarized letter signed by at least one of the child's parents. The notarized letter from the child's parent must authorize the traveling adult to take the child on the specific cruise, must authorize guardian to sign legal documentation/waivers for participation in any activities requiring them (i.e. Rock Climbing, Flowrider, Bungee Trampoline, Inline Skating, or Ice Skating) and must authorize the traveling adult to supervise the child and permit any medical treatment that must be administered to the child. If a non-parent adult is a Legal Guardian, the adult must present a certified certificate of Guardianship with respect to the child.

I'm a lawyer. I obviously can't give you legal advice anonymously, but what I can say is that while you may have had no trouble thus far with your general letter, it is not legally sufficient.

 

If you are departing from the U.S., every state has adopted custody and kidnapping laws that are designed to prevent child kidnapping. There is a federal law designed to prevent removal of children from the U.S. to other countries. When you are departing from the U.S. by sea, land, or air, these laws should be enforced - you should be required to prove that you are authorized to remove this child from the country. Many of our neighboring countries, including Canada and Mexico, have their own requirements about transporting children across their borders.

 

I stand by what I say above - you may have encountered lax enforcement, but I would not assume that it will always be that way. You are not supposed to be able to remove children from the U.S. without very explicit permission from the parents, and the best and safest document to have is one that identifies specific travel plans, or a court order awarding sole legal and physical custody.

After reading this I doubt there will be any issue at all. In fact, if your child was traveling with a grandparent or non legal guardian only one parent is even required to sign a statement allowing said child to travel. Yeah!

 

Family Legal Documents

 

Should the last names of the parent and minor child traveling with them differ, the parent is required to present the child's valid passport and visa (if required) and the child's birth certificate (original, a notarized copy or a certified copy). The name of the parent(s) and the child must be linked through legal documentation.

 

Different Surnames (Last Names):

If a woman has several surnames on different documents such as birth certificate and drivers license, then she must bridge the difference with other documents, such as, marriage license and/or divorce papers. The additional bridging documents must be the original or a certified or notarized copy.

 

Adults who are not the parent or Legal Guardian of any minor child traveling with them are required to present the child's valid passport and visa or the child's birth certificate (original, a notarized copy or a certified copy) and an original notarized letter signed by at least one of the child's parents.

rebeccalouise, you are well meaning, but 100% wrong. You've been very lucky, but you certainly can't guarantee that another parent traveling solo, who does not have sole legal and physical custody of a child, will have no problems without the signed and notarized permission to travel letter. And once again, just because the other parent has given permission for you to obtain a passport, that's not the same thing as giving you permission to take the child on a specific trip out-of-the country.

The cruiseline is NOT immigration! They don't make the entry/exit laws for each county, and the customer service agents sitting in an office, IME, don't even know what most countries require. Each cruiseline, in your cruise contract, states quite clearly that it's the passenger's obligation to obtain the correct documents for travel (which could include such letter, visas, passports, etc.).

I have traveled extensively with children who have both different and the same last name as mine. I have ALWAYS been required to provide said notarized letter for travel to Canada and Mexico when traveling solo. I have NEVER been asked for it for travel to Europe, but that doesn't mean an airline/cruiseline or immigration couldn't ask for it, and deny me exit or entry without it.

You CANNOT rely on the experience of another person and assume you will have no problems boarding cruises or flights without this documentation. Milton333 is absolutely correct. You may be fine for your first five trips, but come the sixth and you are asked and don't have it; you'll be denied boarding and lose your cruise fare.

Made some calls today and have a plan and will have the notorized letter. I am getting on that ship. :D. Unfortunately I will have to stoop to his game playing for now. Its just ashame I have to go thru all the nonsense but the law is in place for a reason. Getting sole custody will be worth every penny. It will make traveling a lot less stressful in the future.

5 more days..got the suitcases out and starting to pack.

I was so busy writing a response I didn't see your post in time. Good going... yes stressful now but in the long run maybe a good thing. I know even when its not contentious its hard to arrange for passports and things when both parents have to be there but I think that's the case when you are married too. Anyway, happy sailings and I made the remark about they probably will let you board without it because... in 1997 on my honeymoon, we only brought our driver's licenses because we knew you didn't need passports and thought that was enough... I know, we were so stupid. Anyway, we ended up signing affidavits that we were indeed US citizens and they let us sail. This was on Royal Caribbean. This would not happen today because of homeland security measure but the cruise line does want you to sail and I think they would make allowances. That is just my guess, speculation and I know there is always a worst case scenerio.

I am not guaranteeing anything.... just wanted to post the information from the website because there is confusion about letter of permission.

 

Now.. I have cruised as a single parent and I have always had a letter of permission to travel with my child and accompanying documentation.

 

I seen what was on the website before and that relaxed me a little. But then I saw the show on tv with RCL and they showed people having trouble boarding and waiting on spouses to fax letters to the pier. I watched those portions of it over and over and it did seem that the ones in question had the different last names.

Ok- the big picture here.... I have flown to Europe now a total of four times in the past 8 years with a child that I have physical custody of. You do not have to bring any evidence of custody on plane trips to Europe. None whatsoever.

They assume that a young child can only get a passport by obtaining the necessary permission to travel outside the US. So if you are the parent and have a different last name... I would bring the birth certificate and all evidence that you are indeed the mother. They may ask the child at security... "who is this lady". They ask my son what grade he is in sometimes and who I am.

I beg to differ.... I was travelling thru Frankfurt Germany in 2009 with my son (same last name) and not my husband (his father) and they most certainly asked me for a notarized letter and believe me they scrutinized it and all of our other documents!!

My son and I travel frequently without my husband and I ALWAYS have a notarized letter with the specific travel dates, itinerary and permission for his medical treatment should (God forbid) something happen to me.

This would not happen today because of homeland security measure but the cruise line does want you to sail and I think they would make allowances. That is just my guess, speculation and I know there is always a worst case scenerio.

No, again wrong. You CANNOT board without required documentation. This is an immigration requirement, and the cruiseline has no control over a country's immigration policies and they can't "make allowances" because you're cute, or your child has sad eyes. The cruiseline doesn't "care" if you sail or not. If you try to board without necessary documenation, you're denied boarding and they keep your money; you're not entitled to any refund.

Yes- I referenced Germany in one of my posts because I am aware of this. I read all the guidebooks ahead of time and I do always carry my birth certificate, my son's birth certificate, a letter of consent notarized, our custody agreement giving me physical custody and of course our passports. Believe me- I'm ready for anything!

It was just in her case she was having trouble and I wanted her not to panic. But I know that when you have a different last name than your child- come armed and ready.

thanks for that advice though... I have never had a letter regarding medical care for him if something should happen to me. If you would be so kind... how do you phrase this kind of letter?

Get the form. If he won't, get a court order. Consult with an attorney in your jurisdiction but likely scenario would be - file emargency motion w/court to be heard tomorrow, give ex whatever notice you can (fax/email/hand deliver) and document it, most judges won't have an issue with giving permission with or without ex present in court as long as you made an effort to notify him. A helpful court clerk may provide some assistance with motion forms if you want to avoid attorney fee.

A quick add-on: maybe even threatenting going through with the above & telling him he'll have to show up will trigger some action on his part. I just wouldn't want to leave too much in doubt.

thanks for that advice though... I have never had a letter regarding medical care for him if something should happen to me. If you would be so kind... how do you phrase this kind of letter?

Once when I was also travelling with a friend the letter my husband signed stated ( this is the shortened version)

I, XXX, give permission to , XXX, to seek medical treatment and make medical decision for my wife, XXX and my son XXX.

When I travel alone with my son- who has multiple complex medical issues it says:

In the event my wife is unable to make medical decisions for my son I , XXX, give permission to provide every and all necessary medical treatment (and it lists all of his diagnosis)

He then has it notarized and I carry it every where we go. Usually in my wallet or tucked into the cover of my and my son's passports.

Hope that helps:)