Ex husband won't give consent. Need court order to cruise.

[mehimand5ofthem]

My ex husband (in prison) will not give me permission to take our 3 kids on a cruise. Leaving Charleston in Sept for Bahamas.

 

In process or step parent adoption which will not be completed before we leave. Ex husband being difficult just to get back at me- it was an ugly divorce and a violent marriage.

 

Has anyone ever gotten a court order to travel in place of the absent parents permission? My attorney wants to know how the order should be worded. Can anyone share if they have successfully received a court order for travel and what exactly it states?

[cb at sea]

Call your cruiselines, and ask them for the guidelines that they require.

[cherylandtk]

You might post this also on the Family Cruising forum. There was one recent poster who said the judge not only granted the order, but got very ticked at the non-approving parent who was using the children as bargaining chips. Said something along the lines of it was a poor parenting decision to deny children the travel opportunity and perhaps would influence parental custody....

 

One question, you say you are in the process of step parent adoption; has there been a termination of parental rights of father or sole legal (not just physical) custody granted to you? If so, you can use that court order to prove you have sole parental rights and man listed on BC does not have any say.

[rpb718]

Has anyone ever gotten a court order to travel in place of the absent parents permission? My attorney wants to know how the order should be worded.

 

Not to hijack this thread, but any competent attorney would already know how to craft a standard court order and devise the appropriate wording without looking for someone on CC to do it for them pro bono. I'd get a new attorney.

[mabones]

I agree. Doesn't sound like a competent Attorney to me.

[sapete]

Not to hijack this thread, but any competent attorney would already know how to craft a standard court order and devise the appropriate wording without looking for someone on CC to do it for them pro bono. I'd get a new attorney.

 

 

I was just starting to say the same thing!

 

 

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[jcl410]

When I traveled with my wife and stepson, we had 3 separate last names. When we flew into Canada, the Immigration questioned it. My wife showed her the Divorce Decree that gave her sole custody. That's all we needed. (BTW - That was the only time any one asked to see any sort of documentation.)

 

 

I have yet to find a US Government requirement that both parents must consent to foreign travel. CBP does strongly suggest it, but unless your divorce settlement gave your ex veto power for overseas trips you should be good.

 

Double check with your lawyer, but if current husband is able to adopt, then I doubt that there would be any problem going on the trip.

 

Aloha,

 

John

[Treven]

I was just starting to say the same thing!

 

 

Sent from my iPhone using Tapatalk

Me three, or is that four.

[navybankerteacher]

When I traveled with my wife and stepson, we had 3 separate last names. When we flew into Canada, the Immigration questioned it. My wife showed her the Divorce Decree that gave her sole custody. That's all we needed. (BTW - That was the only time any one asked to see any sort of documentation.)

 

 

I have yet to find a US Government requirement that both parents must consent to foreign travel. CBP does strongly suggest it, but unless your divorce settlement gave your ex veto power for overseas trips you should be good.

 

Double check with your lawyer, but if current husband is able to adopt, then I doubt that there would be any problem going on the trip.

 

Aloha,

 

John

 

A divorce decree giving sole custody is precisely the sort of evidence needed. Simple absence of documentation giving ex veto power is an absurd point - and suggesting that such absence is all OP needs is irresponsible.

 

Presumption runs the other way - OP should obtain definitive confirmation from the cruise line of what they will want .

[jcl410]

A divorce decree giving sole custody is precisely the sort of evidence needed. Simple absence of documentation giving ex veto power is an absurd point - and suggesting that such absence is all OP needs is irresponsible.

 

Presumption runs the other way - OP should obtain definitive confirmation from the cruise line of what they will want .

 

Maybe I was unclear..... I agree that the Divorce decree should state mom has sole custody or its equivelent.

 

Aloha,

 

John

[Stratheden]

I would definitely be getting another lawyer.

[sail7seas]

Not to hijack this thread, but any competent attorney would already know how to craft a standard court order and devise the appropriate wording without looking for someone on CC to do it for them pro bono. I'd get a new attorney.

 

I would definitely be getting another lawyer.

 

 

Not all attorneys are expert in all legal fields.

It might have been a good idea for your attorney to consult with one of his/her fellow Bar Members who is expert in the field or to refer you elsewhere. I'm not judging the competence of any attorney but am questioning why you would pay an attorney and then come to a public internet forum to ask for legal verbage?

 

Get a lawyer expert in this field.

Or, are you trying to do this on your own without an attorney? Your choice if that is the case.

 

[Pansy2014]

In a closed loop cruise you probably will not need it. I am in a similar situation, my ex will not sign a passport application just because he wants to make my life difficult. I booked my cruise recently making sure I was going to the bahamas, nassau, etc. I double and tripple checked to make sure I would only need their BC's. I'm also bringing my divorce papers that say I can bring them anywhere in the country or out of the country as long as I provide him with the itinerary.

If I had the time and the money I would go to court and get the passports, however with one family judge in the county I am in, it will not happen, however if it did.... I know the judge would frown upon him for trying to stop me from making memories with my children.

[KirkNC]

Call your cruiselines, and ask them for the guidelines that they require.

 

Yes, I just don't understand why these things are even required when one parent is there. They have no idea if you husband is even alive to give "permission". I do hope you get it resolved.

[6rugrats]

Has anyone ever gotten a court order to travel in place of the absent parents permission? My attorney wants to know how the order should be worded. Can anyone share if they have successfully received a court order for travel and what exactly it states?

 

I know you have another thread asking the same question, to which you've received many answers.

 

Personally, I find it incredible that your attorney is asking you to do his job (which I assume you are paying him for) by requesting you find out what the wording for this documentation should be. Any answers here may not be applicable to your situation, or may not be worded correctly for your state.

 

I also would get a more competent family law attorney, but good luck with that!

Edited June 19, 2014 by 6rugrats

[6rugrats]

Yes, I just don't understand why these things are even required when one parent is there. They have no idea if you husband is even alive to give "permission". I do hope you get it resolved.

 

They are required because of problems with child abduction. If the other parent is deceased, you bring the death certificate. If you don't have this, they assume the other parent is alive, and you need their permission.

[cvtnurse]

here is the link for the passports for minors and different circumstances. Years ago, i cruised with children and the cruise line didnt require anything as far as consents.

 

http://travel.state.gov/content/passports/english/passports/under-16.html#consent

[sail7seas]

here is the link for the passports for minors and different circumstances. Years ago, i cruised with children and the cruise line didnt require anything as far as consents.

 

http://travel.state.gov/content/passports/english/passports/under-16.html#consent

 

 

 

Times have changed.

Years ago, we didn't have x-ray machines on gangways when we board and reboard the ship each time.

We didn't have TSA.

We didn't have lots of new security and laws we now are subject to.

 

Edited June 19, 2014 by sail7seas

[wwcruisers]

Not all attorneys are expert in all legal fields.

It might have been a good idea for your attorney to consult with one of his/her fellow Bar Members who is expert in the field or to refer you elsewhere. I'm not judging the competence of any attorney but am questioning why you would pay an attorney and then come to a public internet forum to ask for legal verbage?

 

Get a lawyer expert in this field.

Or, are you trying to do this on your own without an attorney? Your choice if that is the case.

 

 

Not to be unkind to the OP, but I had the same thoughts myself. I believe that the standard for attorneys who don't have an answer for a particular question is to consult with "competent counsel" -- not to send their client to a public chat board for the necessary legal information. :confused:

Edited June 19, 2014 by wwcruisers

[spookwife]

Yes, I just don't understand why these things are even required when one parent is there. They have no idea if you husband is even alive to give "permission". I do hope you get it resolved.

 

 

people kidnap their kids all the time. without written permission( or court documents) syaing it is agreeable/allowed to leave the country with your kids, it is assumed you may not.

 

in the US Military, for instance, if you do not have court paperwork saying you DO NOT have custody, as far as they are concerned, you DO. an important distinction when it comes ot single parents and their eligibilty to enlist.

[wichitastatecruiser]

My ex husband (in prison) will not give me permission to take our 3 kids on a cruise. Leaving Charleston in Sept for Bahamas.

 

In process or step parent adoption which will not be completed before we leave. Ex husband being difficult just to get back at me- it was an ugly divorce and a violent marriage.

 

Has anyone ever gotten a court order to travel in place of the absent parents permission? My attorney wants to know how the order should be worded. Can anyone share if they have successfully received a court order for travel and what exactly it states?

 

You say your ex-husband is in prison. That means that he has foregone his custody rights and visitation rights depending on the length of the incarceration all you have to do is ask a judge for 100% full custody and he will pretty much grant it to you if your ex has 5 years or more to do, especially since he can't show up to the hearing! Then you don't need to worry about the consent issue for this or future dealings.

[TC1957]

When I traveled with my wife and stepson, we had 3 separate last names. When we flew into Canada, the Immigration questioned it. My wife showed her the Divorce Decree that gave her sole custody. That's all we needed. (BTW - That was the only time any one asked to see any sort of documentation.)

 

 

I have yet to find a US Government requirement that both parents must consent to foreign travel. CBP does strongly suggest it, but unless your divorce settlement gave your ex veto power for overseas trips you should be good.

 

Double check with your lawyer, but if current husband is able to adopt, then I doubt that there would be any problem going on the trip.

 

Aloha,

 

John

 

Actually...this is completely irrelevant. The cruise line can establish any requirement they desire when it comes to who they allow to board THEIR ship. After all...taking a cruise vacation is not a Constitutionally protected right.

[donaldsc]

My attorney wants to know how the order should be worded. Can anyone share if they have successfully received a court order for travel and what exactly it states?

 

Seems like you are paying your attorney for this informationand are not getting your monies worth. First thing that I would do it to fire your attorney and get a better one.

 

DON

[navybankerteacher]

people kidnap their kids all the time. without written permission( or court documents) syaing it is agreeable/allowed to leave the country with your kids, it is assumed you may not.

 

in the US Military, for instance, if you do not have court paperwork saying you DO NOT have custody, as far as they are concerned, you DO. an important distinction when it comes ot single parents and their eligibilty to enlist.

 

Having spent a fair amount of time in the U S Military, I have no great belief in their logical and consistent thought processes - but to claim that your failure to provide proof that "... you DO NOT have custody..." is sufficient to convince them that you do exceeds the level of block headedness which even the dullest E2 could demonstrate on a slow day.

[KirkNC]

They are required because of problems with child abduction. If the other parent is deceased, you bring the death certificate. If you don't have this, they assume the other parent is alive, and you need their permission.

 

Ah so it really is 1984 :rolleyes:. How many parents abduct their kids by taking them on a cruise?