Leaving the Country Without a Letter

My question involves a child custody case from the State of: Arizona.
I currently have sole legal and physical custody of my 3 year old son. The father has visitation rights but has not seen the child in over a year. I do have a clause in the Parenting Agreement that states that I do not have to notify the other parent of a change of address and that I am allowed to move out of state.

I would like to take my son out of the country for a week on vacation. I do NOT want to initiate contact with the father since he has been abusive and manipulative in the past.
Do I need to obtain a consent letter to take my son out of the country with this type of parenting agreement in effect?

If not, do I need to bring the original decree with me when I go to obtain a passport only or when I cross the border as well?

Unless you have a court order allowing you to travel without dad's consent, you should expect to have serious problems traveling with a minor child without being able to document the other parent's consent. You can contact immigration authorities for your destination to discuss their policies.

This is my experience. I have sole custody, XH's vistitation was terminated by the court. I have traveled many times out of the country with DS. You do not need his permission to get a passport for your child. I went to the post office to apply, with a copy of the order. I was able to apply and in a few weekend had DS passport. I also carry a copy of orders when I travel and only once have I been asked for a notarized letter from airport staff, I pulled out the order stating I have sole custody and was on my way. Good luck and enjoy your trip. Personally I would not worry since he has not seen your child in a year that he would show up for his visitation.

If you have sole custody you are able to make all the decisions for your child and do not need to notify him.

The question is not about a passport. It's about a letter authorizing travel with a minor child - an anti-parental kidnapping measure.

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Quoting Mr. Knowitall

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The question is not about a passport. It's about a letter authorizing travel with a minor child - an anti-parental kidnapping measure.

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I was sharing my experience and I have traveled many times with my son out of the country for vacation and I do NOT need a letter to travel with my DS. I am not trying to kidnap my DS, just want him to have a enjoyable childhood. I was just trying to help OP, since I understand the kind of man she is dealing with since I have been doing so for 4 years.

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Quoting Mr. Knowitall

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The question is not about a passport. It's about a letter authorizing travel with a minor child - an anti-parental kidnapping measure.

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Except that the other poster is the one who is correct. When someone has sole legal and physical custody, and can produce a court decree stating such, they do not need the permission of the other parent to travel outside of the country. It is also not possible to commit parental kidnapping if you have sole legal and physical custody of a child.

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Quoting MLB913

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I was sharing my experience and I have traveled many times with my son out of the country for vacation and I do NOT need a letter to travel with my DS.

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There are nations that will not let you enter without a letter from the other parent authorizing your travel with your child. Even if you're still married.

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Quoting Mr. Knowitall

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There are nations that will not let you enter without a letter from the other parent authorizing your travel with your child. Even if you're still married.

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Just curious what countries? I have travelled to Europe, Mexico, and the Caribbean as recently as last month and never had a problem.

You are free to contact every country in the world and ask their policies. Good luck to you.

I'll spot you Canada.

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Quoting Travelling with children

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All children and babies who travel need their own passport.

Before the child travels, make sure you know the requirements and precautions for travelling with children or for when a child is travelling alone. Extra documentation may be required, such as a birth certificate showing the names of the child's legal parent(s); any legal documents pertaining to custody; a death certificate if one of the parents is deceased; a status document from Citizenship and Immigration Canada; and/or a parental consent letter.

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They generally don't ask to see the documents BUT they do tell you that you should have your documents.

As long as the OP has sole legal and physical custody and carried a certified court document stating so, she should be fine to travel with her son. They ask for either a letter from the other parent OR a court order that gives the parent SOLE LEGAL custody.

I've never been asked to show my documents but I still carry my daughter's birth certificate, certified copy of name change (for me, as I got remarried and changed last name) to prove that I am my daughter's mother, and the certified court document that allows me to travel abroad.

Better safe than sorry!